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公诉权是刑事诉讼中由代表国家的机关或者个人对犯罪进行追诉的权力。作为刑事诉讼发展到一定阶段的产物,公诉权是人们对犯罪的本质和刑事诉讼的根本目的不断提高认识的结果,是人们理性的创造物。同时,国家和社会公益代表的身份也使理性成为公诉权始终追求的价值之一。但公诉权的本质属性,又使这种力量在追诉犯罪过程中容易被追究以及在惩罚犯罪的目标驱动下忽视其在各种利益之间进行平衡的功能,使之走向理性的反面。本文从公诉权在犯罪追诉中的客观追诉立场、理智的追诉手段和合理的追诉期限三个方面论述公诉权的理性价值。
The power of public prosecution is the power of criminal prosecution in the criminal procedure by the organ or individual representing the state. As the product of the development of criminal procedure to a certain stage, the right of public prosecution is the result of people’s understanding of the nature of crime and the fundamental purpose of criminal procedure. It is also the rational creature of people. At the same time, the identities of state and social public representatives also make rationality one of the values pursued by public prosecutors. However, the essential nature of the right of public prosecution also makes it easier for such forces to be prosecuted in the process of prosecuting crime and to neglect their function of balancing interests among various kinds driven by the goal of punishing crime, so as to move it towards the opposite of rationality. This article discusses the rational value of public right of prosecution from the three aspects of the objective prosecution standpoint of prosecutorial prosecution in criminal prosecution, the means of reasonable prosecution and the reasonable time limit of prosecution.