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客观性原则肇始于19世纪中后期的德国,要求检察机关全面地收集能够认识案件真相的所有证据,而不仅仅局限于认定被告人有罪的证据。但这种对客观性的界定显然与马列主义哲学的客观性不同。对案件事实客观性的追求,不仅仅是公诉权的要求,也是侦查权、审判权乃至辩护权的要求。过于强调和要求公诉人对证明被告人无罪或者罪轻证据的关注,显然是封建有罪推定思想的遗毒。对公诉权而言,追诉性才是公诉权的本质属性,依照法律规定程序和条件代表国家进行追诉活动才是公诉权的正确定位。
The principle of objectivity began in Germany in the mid-to-late 19th century, requiring prosecutors to fully collect all the evidence that they knew the truth of the case, not just the evidence that the defendant was guilty. However, this definition of objectivity clearly differs from the objectivity of Marxist-Leninist philosophy. The pursuit of the objective objectivity of the case is not only a requirement of public prosecution rights, but also a requirement of investigative power, judicial power and even defense rights. Too much emphasis and demands on the prosecutor’s attention to prove that the defendant is innocent or guilty of evidence is obviously a legacy of the feudal guilty presumption. For prosecutorial right, prosecutorial nature is the essential attribute of public prosecution right. It is the correct orientation of public prosecution right to represent the country in accordance with the procedures and conditions stipulated by law.