刑事公诉的法律属性与公诉改革

The Legal Nature and Counterappeal Reform of Public Prosecuting

现代公诉制度的发展渊源、刑事公诉的功能以及价值目标,说明刑事公诉具有法律监督的属性。刑事公诉的法律监督属性又要通过特定程序,借助相关措施和制度方能实现。为强化和突出刑事公诉的法律监督属性,就应当从制度规范上健全证人出庭作证机制、推行量刑建议、明确刑事抗诉的标准以及提高和完善公诉人员的公诉能力。

It is the development origin and the function as well as the valuable objectives show clearly that the comtemporary public prosecuting system possess the property of the legal supervision. The property of the legal supervision cannot come true except establishing some institutions related as welt as some specific procedures and measures. The system of the suggestion of discreation of punishment and the system of giving evidence by witness at the court as well as the standard of the counterappeal should be established and perfected in order to intensify and highlight the property of the legal supervision.