丽水学院学报2024，Vol.46Issue(3)：58-65,8.DOI:10.3969/j.issn.2095-3801.2024.03.009
我国公诉审查制度的反思与完善
Reflection and Perfection of Public Prosecution Review System in China:From the Perspective of Drawing Lessons from German Intermediate Procedure
刘邦泰1
作者信息
- 1. 中国政法大学刑事司法学院,北京 100088
- 折叠
摘要
Abstract
Public prosecution review is of great significance in criminal proceedings.But China's public prosecution review system can't effectively play the role of screening cases,there are deficiencies in the control of public prosecution,and the level of rights protection of the prosecuted is low.In contrast,the German intermediate procedure has advantages in examination and screening,power restriction and rights protection.Taking it as a reference,in order to realize the litigation task of respecting and protecting human rights,to meet the requirements of the trial-centered litigation system reform,and to promote the implementation of the criminal policy of less arrest and more careful prosecution and detention,the right of objection should be given to the accused in the public prosecution review,the substantive review system of public prosecution cases should be constructed and the restraint mechanism of public prosecution right should be optimized.关键词
公诉审查制度/中间程序/实质审查Key words
public prosecution review system/intermediate procedure/substantive examination分类
社会科学引用本文复制引用
刘邦泰..我国公诉审查制度的反思与完善[J].丽水学院学报,2024,46(3):58-65,8.
