论我国检察官法治思维的养成——以起诉书的改革为视角

Developing Chinese Prosecutors' Rule-of-Law Thinking: From Perspective of Reform on Indictment

思维本身具备哲学属性,法治思维有着哲学与法律进一步联结的丰厚意蕴。检察官的伦理是确定的职业伦理,我国刑事起诉书说理性的不足与忽略对检察职业伦理良善目的的实现起着消极的作用。从逻辑到经验、从知性到理性、从主观到主体、从实体性到生成性这四种哲学思维的方式有助于检察官法治思维的养成。

Thinking itself has philosophical attributes and rule-of-law thinking has wide-ranging and profound implications of further links between philosophy and law. Prosecutors＇ Ethics is def＇mitely professional ethics. Reasoning is neglected in criminal indictments in our country and the lack of reasoning is negative in realizing the good goal of professional ethics. The four philosophical thinking ways from logic to experience, from awareness to reasoning, from subjective to subject and from substantiveness to gererativeness can help develop prosecutors＇ rule-of- law thinking.