我国公诉制度改革若干问题探讨  

Research on the Reform of China's Public Prosecution System

作　　者：陈光中[1] 彭新林[1] 

机构地区：[1]中国政法大学

出　　处：《法学研究》2011年第4期169-182,共14页Chinese Journal of Law

摘　　要：我国的公诉制度有必要通过正在进行的刑事诉讼法再修改实行以下三项重要改革:1.在起诉程序中适用非法证据排除规则。检察机关应当尽可能使进入审判程序的证据具有证据能力。2.建立附条件不起诉制度。建立此项制度有其理念、政策和现实根据。立法应当合理规定附条件不起诉的案件范围、考察期限。实行附条件不起诉应当与当事人和解、犯罪嫌疑人社会调查制度相结合,并建立有效的监督机制。3.创建量刑建议制度。以与规范法院量刑程序相配套,有助于实现量刑公正和有效辩护,提高诉讼效率和公诉能力及水平。With the gradual deepening of China＇s judicial reform, the revision of Chinese Criminal Procedure Law is on going. It is necessary to reform the existing public prosecution system to make the criminal prosecution ruled by the law further. The reform of our public prosecution system must have the following three important aspects. Firstly, the exclusionary rule should be put into practice. In the process of examination and prosecution, the establishment of the exclusionary procedure has an important effect on improving the value of procedural justice, eliminating the illegal evidence from the trial process, and avoiding the occurrence of miscarriages of justice. It is an important feature of Chinese prosecution system that the procuratorial organ has a duty to exclude illegal evidence in the process of examination and prosecution. Secondly, the conditional non-prosecution system should be established. Compared to the doctrine of prosecutive discretion, the doctrine of conditional non-prosecution is more important and favored by many countries and districts. It should also be recognized by the revision of the Criminal Procedure Law to carry out the criminal policy of tempering justice with mercy, maintain the modesty of the criminal law, reflect the economy of litigation, and promote social harmony and stability. Legislation should confirm reasonably the scope and the test period of the conditional non- prosecution system. Thirdly, the sentencing suggestion system should be created. As an important part of the prosecution system, the sentencing suggestion system has considerable universality in today＇s criminal justice practice in the world and should also be adopted by our country. It helps to achieve the justice of sentence and the effectiveness of defense, and can improve the efficiency, capacity and level of public prosecution. We must build a scientific and feasible operative mechanism to make sure the sentencing suggestion system, an innovative reform initiative, has maximum effect in the administratio

关 键 词：公诉改革 非法证据排除 附条件不起诉 量刑建议 

分 类 号：D925.2[政治法律—诉讼法学]