遵循司法规律,构建公诉案例指导制度

Abiding by Judicial Rules and Constructing Case Guidance System of Public Prosecution

案例指导制度是在近年来颇受国内学界、司法界关注的一项司法革新制度,然而研究和实践的重点多聚焦在审判领域。公诉案例指导制度是检察机关在公诉领域为充分行使检察权而提出的全新尝试。相比较审判案例指导制度,公诉案例指导制度建立在合法性、合理性、典型性原则的基础上,符合我国检察机关的法律监督职能和双重领导体制要求。在这三个原则的指导下,从案例指导主体、案例的遴选标准、案例的遴选程序及确定、体例、发布方式等五个方面进行具体构建,并明确了公诉案例指导制度的效力和具体适用过程。

Case guidance system is a reformative system to which great emphasis has been paid by scholars and judicial circles. However, their research and experiment mainly focus on judgment. This system is a brand new innovation for procuratorial organs to fully exercise its procuratorial power in the realm of public prosecu- tion. Compared with the system of judgment case guidance, the system public prosecution case guidance is based on the principle of validity, rationality, and being representative. Abiding by these basic principles, the present study constructs the system from the following five aspects, including the subject of case guidance, the standard and procedure of selecting cases, conformation, style and way of releasing. Finally, the paper defines the effect and exact procedure of applying the system of case guidance in public prosecution.