全面依法治国背景下的刑事公诉
孙谦全面依法治国背景下的刑事公诉
Criminal Prosecution in the Context of Ruling the Country by Law in a Comprehensive Way in China
期刊名称：《法学研究》
期刊年份：
作者：孙谦
单位：最高人民检察院
中文关键词：依法治国;刑事公诉;司法改革;公诉理念
英文关键词：ruling the country by law;criminal prosecution;judicial reform;ideas of public prosecution
中文摘要：
随着全面依法治国的深入推进，我国刑事司法制度正朝着法治化、民主化、信息化、精细化方向发展，刑事公诉在刑事诉讼中的地位更加凸显，其职能强化、制度完善和理念更新的要求更加紧迫。刑事公诉的实践样态正在发生变化：由注重追诉向追求客观公正转变，由起诉法定向起诉法定兼起诉裁量转变，由关注实体正义向同时关注程序正义与诉讼效益转变，由定罪请求向定罪请求与量刑建议同步转变。刑事公诉必须体现全面依法治国的内在要求，彰显司法人文关怀、提升诉讼效率、强化公诉监督职能，持续、稳妥地推进改革。刑事公诉应当牢固树立崇尚维护法治、尊重保障人权、理性平和司法、加强监督制约的理念，把握刑事公诉工作发展的正确方向，迎接改革中的各种挑战，推动中国特色社会主义法治体系的发展完善。
英文摘要：
With the advancement of the strategy of ruling the country by law in a comprehensive way, the criminal justice system in China is developing towards legalization, democratization, informatization and elaboration, so the position of criminal prosecution in the criminal procedure is becoming increasingly prominent and the demand for strengthening its functions, improving its institutions and renewing the relevant ideas is becoming more and more urgent. As a result, the criminal prosecution system is undergoing a series of transformation: from one that emphasizes prosecution to one that pursues objectiveness and justice, from one based on the doctrine of commencement of action by law to one based on both the doctrine of commencement of action by law and the doctrine of prosecutorial discretion, from one that takes substantive justice as the key target to one that emphasizes both procedural justice and procedural efficiency, and from one that implements the system of request for conviction to one that implements the system of combination of request for conviction and sentencing proposal. The criminal prosecution system should fully embody the inherent requirements of ruling the country by law, such as improving the procedural efficiency, showing humanistic concern, strengthening the supervisory function of prosecution, and advancing the reform in a steady and sustainable way. To further improve the criminal prosecution system, it is necessary to establish the ideas of respecting the rule of law, safeguarding human rights, handling criminal cases in a rational and moderate way, and strengthening supervision, keep to the correct direction of development of the criminal prosecution system, and meet various challenges encountered in the reform, so as to promote the development and perfection of the system of socialist rule of law with Chinese characteristics.
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