构建和谐社会与行使检察权

在刑事司法及检察权的行使问题上,提出构建和谐社会的政策性要求具有很强的针对性和实际意义.中国正处于转型时期,因此而呈现出社会关系不稳定、资源稀缺难以支持良性的社会运作、发展不平衡矛盾较为突出以及违法行为普遍化等特点,为构建和谐社会,应当实施政策指导型刑事司法,注意"软性"司法手段的运用以及实施宽严相济的刑事政策.为此需反思重刑思想,包括反思短期自由刑的适用、反思"严打"方针的贯彻、反思死刑的应用、反思规制经济的刑事政策.行使检察权,应当注意逮捕权运用的客观性与中立性;注意公诉权运用的歉抑;推进协商性司法和恢复性司法;注意在查处职务犯罪中贯彻宽严相济政策.

On Built of the Harmonious Society and the Exertion of the Procuratorial Power

In respect of the criminal justice and the exertion of the procuratorial power, the policy requirement of built of the harmonious society has distinct pertinence and practical significance. In order to build a harmonious society on the background of social transform in the period of which the social relationship is instable, well operation of the society is lack of the support of resources, the imbalance of the development is evident, and illegal activities present the characteristic of generalization, the criminal justice directed by the policy should be implemented, soft judicial measures should be exerted, and the criminal policy of temper justice with mercy should be applied. Therefore, the idea of severe punishment should be reflected from aspects such as the application of short-term penalty against freedom, the implementation of the "strike-hard" campaign, the sentence of death penalty, and the criminal policy restricting the economy. As for the exertion of the procuratorial power, it should pay attention to the objectivity and neutrality of the power to arrest, the modesty and restraint of the power of public prosecution, the negotiatory justice and restorative justice, and the implementation of the criminal policy of temper justice with mercy in the investigation of the official crimes.