论文部分内容阅读
人类进入现代社会的过程,也是同步跨入风险社会的过程。中国正逐步进入风险社会阶段,这对检察权优化配置提出了新的要求与挑战。近年来,检察能动日益成为检察改革的取向,以满足商谈司法的本质规定与能动司法的内在要求。检察调处权是最具能动性与灵活性的检察权,是检察能动的核心内容,也是检察能动的外观表征。从理论定位看,检察调处应当实现与司法公正、司法效率、法律监督、审判权威边际四维的协调与自洽。检察调处是检察权优化配置的理性选择,亦是实现司法经济效益的规律使然。
The process of mankind entering the modern society is also a process of synchronizing into risky society. China is gradually entering the stage of risk society, which sets new requirements and challenges for the optimal allocation of procuratorial power. In recent years, procuratorial work has increasingly become the orientation of prosecutorial reform so as to satisfy the inherent requirements of negotiating the essential provisions of the judicial system and active judicial work. Prosecutorial mediation is the most motivated and flexible prosecutorial power, is the core content of the procuratorial work, but also the active appearance of procuratorial characterization. From the perspective of theoretical positioning, procuratorial and mediation should achieve the coordination and self-negotiation with the four-dimensional marginal four-point coordination of judicial fairness, judicial efficiency, legal supervision and trial authority. Prosecutorial mediation is the rational choice of the optimal allocation of procuratorial power and the law of realizing judicial economic benefits.