关键词: 法律监督权, 公诉权, 监察委员会, 一元分立, 分权制衡

Abstract: The national legislators have constructed the procuratorial system of China according to the national legal supervision theory derived from the unitary division, but they have not stipulated corresponding comprehensive supervision function in specific legislation. At a time when the supervisory committee system is to be established,the institutional constitution of the legal supervisory organ of China requires reform with the legal supervisory power of the procuratorial organ be reconstructed. This provides an opportunity for the consistency of position and function of the procuratorial organ and the optimization of its function. In the new era,the reconstruction of the procuratorial organ's legal supervisory power should be carried on by sticking to the constitutional principle that the procuratorial organ is the legal supervisory organ. We must follow the spirit of rule of law,and check and balance powers in the reconstruction,exerting the function of legal supervision to safeguard people's rights; we must also make the function of public prosecution as the core function of procuratorial organ and optimize the function in accordance with the law of judicature.

Key words: legal supervisory power, right of prosecution, supervision committee, unitary division, checks and balance