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刑事诉讼视野中看守所的权力和义务可以归结为法治中国视野下平衡各方诉讼参与者利益的客观义务。看守所客观义务的法理基础是其行政管理的准中立属性和司法机构之间相互制约的基本原则。兼具追求公正价值和人权保障价值的看守所客观义务由积极义务和消极义务构成。看守所客观义务的实现方式是:在非法证据排除的诉讼、辩护人及代理人伪证罪的诉讼中客观中立提交证据并为诉讼主体依法取证创造条件,督促诉讼主体在看守所中依法履行职责,适度公开看守所的行政管理活动。推动看守所履行客观义务的措施是建构看守所履行客观义务的文化模式、设置看守所工作人员职务犯罪异地管辖的诉讼制度、确定看守所不履行客观义务的法律责任。
The powers and obligations of the detention center in the criminal lawsuit can be attributed to the objective obligation of balancing the interests of all parties involved in the litigation through the perspective of the rule of law in China. The law foundation of the detention center’s objective obligation is the basic principle of the quasi-neutrality of its administration and the mutual restraint between the judiciary. The objective obligation of a detention center that combines both the pursuit of fair values and the safeguarding of human rights consists of positive obligations and negative obligations. Detention center’s objective obligation is realized in the lawsuit of illegal evidence exclusion, defender and perjury of the agent objectively and neutrally submits evidence and suits the litigant to obtain evidence according to law, supervise the litigant to perform their duties according to law in the detention center, and appropriately open the detention center Administrative activities. The measures to promote the detention center’s fulfillment of objective obligations are to construct the cultural model of the detention center’s performance of objective obligations, to set up the litigation system of the detention center’s off-site jurisdiction and to determine the legal responsibility of the detention center’s failure to perform its objective obligations.