关于简易程序公诉人出庭若干问题的思考

Thoughts about Problems of Public Prosecutor Appearing in the Court of Summary Procedure

2012年修改的《中华人民共和国刑事诉讼法》第210条第2款规定,"适用简易程序审理公诉案件,人民检察院应当派员出席法庭",公诉人出庭适用简易程序审理的公诉案件成为法定义务。公诉人出庭有利于落实对抗制诉讼模式,有利于维护被告人的权利,有利于检察机关履行法律监督的职责,但同时这也会给公诉人带来理念、素质与工作量等方面的挑战。许多检察机关在积极尝试探索出庭模式,主要形成了专职公诉人出庭模式与公诉人集中出庭模式。两种模式优劣并存,需要进一步论证,并建立相关配套制度机制。

The criminal procedure law of the People＇s Republic of China was modified in 2012, paragraph 2 of article 210 provides that if a case of public prosecution will be tried through summary procedure, the people＇s procuratorate shall sends procurators to the court, the prosecutor appearing in court which is trying a case of public prosecution through summary procedure becomes legal obligation. The public prosecutor appearing in court avails to implement the adversary system model of litigation, maintain the rights of the defendant and perform the responsibilities of the legal supervision. But at the same time, it will give the public some challenges, such as concept, quality and workload. Many procuratorates actively try exploring the mode of appearing in court, the mode of full-time public prosecutor appearing in court and the mode of public prosecutor concentrating on appearing in court have been shaped, two kinds of modes both have advantages and disadvantages, which need further argumentation and establish related system mechanism.