公诉人的诉讼地位探析——兼评检察机关对法院的审判监督

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。

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

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.