论刑事诉讼法修改与公诉权的精进

Improvement in Prosecution Powers and the Revision of Criminal Procedure Law

《刑事诉讼法》修改使公诉权在理念上产生了明显进步。一是强调了人权保障理念。二是强化了程序正义理念。三是增强公诉权的诉讼监督功能,加强其对侦查权和审判权的制约力度。四是加强对公诉权的监督制约,体现监督者也要接受监督的理念。新形势下行使好公诉权,应当对理念层面的进步有深刻的认识而不能单纯关注条文的变化。

There is obvious progressive notion in the revision of Criminal Procedure Law of PRC. Firstly, the revision emphasizes the idea of the protection of human fights; secondly, it strengthens the idea of procedural justice; thirdly, it enhances the supervisory function of prosecution powers, and enhances the restrictive force of investigative power and jurisdiction; and fourthly, the revision strengthens the supervisory restriction on prosecution powers to indicate the idea that the supervisor has also to be supervised. In order to execute prosecution powers well, we must understand profoundly the improvement of prosecution powers in notion, rather than just know the wording change of articles and provisions of the law.