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检察官中立作为司法中立的应有之义,是在世界法治文明基础上产生的,在一些国家法律和司法制度中都有体现,而且又是与客观义务联系在一起的。我国检察机关既是国家的法律监督机关,又是司法机关,应当具有检察官中立理念。但是制度的缺陷和研究的乏力,检察官中立未能在立法和司法中很好体现,由此造成检察官角色的模糊。为推进依法治国,确保司法公正,应当强化检察官中立性研究,破除认识误区,进而推动立法和司法,给它以应有的地位。
The neutrality of the procurator as the justification of judicial neutrality is generated on the basis of the civilized rule of law in the world. It is reflected in some national laws and judicial systems and is also linked with objective obligations. The procuratorial organs in our country are both the legal supervisory organ and the judicial organ of our country and should have the concept of neutrality of prosecutors. However, due to the defects of the system and the weakness of the research, the prosecutor’s neutrality can not be reflected well in the legislation and the judiciary, thus resulting in the obscure role of the prosecutor. To promote governing the country according to law and ensure judicial fairness, we should strengthen the study of procurator neutrality, eliminate misunderstandings and promote legislation and judicature and give it its due status.