检察权的谦抑性

On the Modesty and Restraint of the Procuratorial Power

作为"求刑者"的检察机关在刑事司法活动中的权力运作,需要体现谦抑性。其标准是对人的主体性地位的尊重、对公序良俗的参考、宽容和自省等。然而,这并不意味着检察权无原则、无限制地退让,更不意味着检察权对社会生活调节作用的减小。要真正塑造一种以人为本、充满人情味却不失严正的法律监督体系,实现我国检察权在新形势下的谦抑化发展,应该从刑事政策的修正等途径进行制度的革新与保障。

The procuratorial organ, which acts as the claimer for penalty in the criminal procedure, need to incarnate the restraint in its activities in accordance with the criterion of esteeming the person＇s subjective status, consulting the public order and good customs, tolerance and introspection. However, this does not mean the procuratorial authority would retreat in an unprincipled way, and neither means its regulation function on social life is decreasing. A legal supervision system with characteristics of people oriented and human interest while solemn and just should be established by reforming the system from the aspect of modifying the criminal policy so that the procuratorial power would realize its restraining modest improvement.