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《刑事诉讼法》及《检察院诉讼规则》关于刑事诉讼法律监督相关章节对立案监督和侦查监督都做出了详尽的规定,对于行使法律监督权的检察机关的具有相当重要的作用,至少在立法层面上为检察权的履行提供了有力的依据,特别为司法解释在实务层面上提供了依据。但由于立法的滞后性和司法实务的超前性和多变性中间会有很大的真空。因此在实务中往往出现这样那样的问题,延伸基层法律监督触角愈加显出其必要性。
The Criminal Procedural Law and the Procuratorate Rules of Procedure have made exhaustive provisions on the supervision over cases and on the investigation and supervision as well as the relevant sections on the legal supervision of criminal procedures. They play an important role in procuratorial organs that exercise the power of legal supervision, at least in legislation At the same time, it provides a strong basis for the implementation of procuratorial power, especially for judicial interpretation. However, due to the lag of legislation and the precocity and variability of judicial practice, there will be a great vacuum. Therefore, such problems often arise in practice and the necessity of extending the reach of grassroots legal supervision has become increasingly evident.