论文部分内容阅读
美国检察官的公诉行为几乎不受任何审查,这种权力与责任的脱节不可避免地导致了公诉不端的泛滥。其中,歧视性起诉、报复性起诉以及公诉手段和法庭评述的失范问题尤为突出。为此,美司法部成立了专司公诉不端惩戒的职业责任办公室,律师公会也制定了模范规则等行为规范,而美国各级法院更是以程序性救济的形式在公诉不端的治理上发挥着不可替代的作用。这些思路和举措无疑可以为我国公诉不端防范、认定与遏制提供有益的启示。
The public procuratorial acts of the United States prosecutors almost without any review, this power and responsibility of the separation of inevitably lead to the proliferation of prosecutions misconduct. Among them, the discriminatory prosecution, retaliatory prosecution and prosecutorial measures and tribunal reviews the problem of anomie is particularly prominent. To this end, the United States Department of Justice has set up a professional responsibility office specializing in indictment of misconduct, and the Law Society has also formulated norms and other code of conduct. At various levels of the United States, courts in the United States have even played the role of procedural remedies in the prosecution of misconduct An irreplaceable role. These ideas and measures will undoubtedly provide useful enlightenment for the prevention, identification and containment of our public prosecutions.