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严格司法是公正司法的基础,规范司法是严格司法的必然要求。刑事诉讼的公诉环节虽然不是刑事诉讼的启动环节,但却是启动审判大门的钥匙,关涉出入人罪,其意义不言而喻。严格按照司法规范办理每一起刑事案件是在公诉环节承办案件的检察官的责任和使命,然而在实践中存在许多与规范相悖但却在实际操作运行的潜规则,成为案件质量的隐患,侵犯了当事人合法权益,影响了司法公正。本文以刑事诉讼公诉环节为视角,对存在于司法办案中的潜规则进行检讨归纳,对产生潜规则的原因进行剖析,并提出规制措施,以持续推进司法规范化建设,确保严格司法、公正司法。
Strict justice is the foundation of fair justice and standardizing justice is the inevitable requirement of strict justice. Although the public prosecution of criminal proceedings is not the starting point of criminal proceedings, but it is the key to start the trial door, related to the crime of entry, its significance is self-evident. In strict accordance with the judicial norms for handling every criminal case prosecutors in the prosecution part of the responsibility and mission, but in practice there are many contrary to the norms but in actual operation of the unspoken rules, the quality of the case as a hidden violation of The legitimate rights and interests of the parties have affected the fairness of the judiciary. In this paper, the prosecution of criminal proceedings as a perspective, the unspoken rules that exist in the judicial handling of cases are reviewed and summarized, the reasons for the unspoken rules are analyzed, and regulatory measures are proposed to continue to promote judicial standardization and ensure strict judicial and fair judiciary.