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检察官追诉犯罪时肩负客观义务被世界各国刑事诉讼立法和理论所公认。我国刑事诉讼法从客观收集与审查判断证据、客观追诉以及对辩护权的救济和诉讼关照义务等方面确立了检察官的客观义务。冤案频发反映了我国检察官践行客观义务的实践与法律要求相背离。为了维护法律的公平正义,有效防范并及时纠正已发生的冤案,检察官需牢固树立尊重和保障人权的诉讼理念;客观全面收集并审查判断证据;履行诉讼关照和权利救济义务;积极提起有利于被追诉者的再审抗诉;同时应确立检察官违反客观义务的程序性制裁机制;构建合理的检察权运行机制和检察官绩效考评机制。
Prosecutors prosecute criminal objective responsibility to be accepted by the world’s criminal procedure legislation and theory recognized. The criminal procedure law of our country established objective obligees of public prosecutors from the objective evidence of collecting and examining judgments, the objective prosecution and the relief of the right of defense and the obligation of litigation. The frequent cases of injustice reflect the fact that our country’s procurators practice the objective obligations and the legal requirements are contrary to the law. In order to safeguard the fairness and justice of the law and effectively prevent and promptly correct the grievances that have occurred, the prosecutor must firmly establish the concept of litigation that respects and safeguards human rights; objectively and comprehensively collect and examine judgment evidence; fulfill litigation and rights relief obligations; At the same time, procedural sanctions mechanism in which prosecutors violated objective obligations should be established, and a reasonable operating mechanism of procuratorial power and mechanism of performance appraisal of prosecutors should be established.