检察官当事人化与客观义务之关系辨正——兼论我国刑事控辩关系的重塑  

On the Issue that How a Prosecutor Performs Objectively in His Role as a Party——Also on Re-establishing Relationship between Prosecutor and Defendant in China's Criminal Procedural Law

作　　者：林喜芬[1] 

机构地区：[1]四川大学法学院,四川成都610064

出　　处：《福建公安高等专科学校学报（社会公共安全研究）》2006年第4期30-36,共7页The Study of Social Public Security

摘　　要：’96刑诉法修改以来,我国刑事诉讼制度整体上以贯彻控辩平等、实现控辩对抗为改革导向。控辩平等包括形式和实质两方面内容:前者旨在将检察官塑造成诉讼一方当事人,革除其过多的诉讼特权;后者则要求检察官秉持客观义务,充分关照被追诉方诉讼资源上的劣势。由此,出现了调和检察官当事人化和客观义务的制度需求,当前,刑诉法再修改在即,如何重塑我国检察官的角色遂成为理论焦点。Since the amendment of criminal procedural law in 1996, in a whole, China＇s criminal procedural system has been aiming at the adversary process that is symbolized by the equality and confrontation between prosecutor and defendant. The equality has two aspects in criminal process： on the formal side, in order to be a party, a prosecutor should get rid of the excessive procedural privileges; on the substantial side, a prosecutor has to perform the procedural conducts fairly and makes full considerations for the defendant who is in a disadvantageous position of resource shortage. Therefore, there occur systematical requirements to mediate the relationship between prosecutor＇s being a party and his objective obligations. Currently, how to re-establish the role of prosecutor has gradually become a theoretical focus with the coming of re-amendment of criminal procedural law.

关 键 词：检察官 当事人化 客观义务 控辩关系 

分 类 号：D925.2[政治法律—诉讼法学]