公诉人的诉讼地位探析——兼评检察机关对法院的审判监督

Prosecuting Officers' Position in Law Suits:Prosecuting Offices' Supervision to Courts

我国已确定控辩式为刑事庭审方式改革的方向和目标。伴随着庭审结构发生的变化,公诉人诉讼地位必须作出如下调整:转变为当事人一方,尊重与维护法官的裁判者权威;与被告人作为平等的诉讼主体出现在法庭审理中;与辩护律师之间的关系应当表现为平等武装理念下的对抗、合作关系;与被害人成为目标与利益一致的控方组合,并在这一组合关系中发挥主导作用。重塑公诉人诉讼地位的另一核心要旨在于摒弃法律监督观念,明确公诉人的当事人地位,实现“法律监督”职能的程序化回归。

adversary sentencing in criminal courts has been decided to be the direction and the target of the reform.,the position of prosecuting officers has thus correspondently changed to:As a party in court, respeet and maintain the authority of judges as judging person; as a party appearing in court equal to the accused; adversary and cooperative relationship with defending lawyers; combination with the accused with the same interests and aims and the leading role in such combination. Another main goal of re-building prosecuting officers positions in the criminal court sentence is to discard the prosecution's supervision role and clarify the role of a party in the court sentences.