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在刑事案件的法庭审判活动中,采用公诉人当庭举证的方式,在我国刑事诉讼法所确定的庭审程序及有关的立法和司法解释中并无明文规定,在审判实践中尚在探索。这种方式是否可行?笔者持肯定态度。现提出拙见,以期商榷。 当庭举证是公诉人法定职责的程序体现和实体要求 公诉人到庭参加诉讼,承担着双重职责:既要揭露犯罪、证实犯罪,又要行使其法律监督的职责。这双重职责应同时并重,缺一不可地贯穿于法庭审判的整个过程之中。在现行的法庭查证阶段,询问证人、宣读证言、出
In the court trial activities of criminal cases, adopting the way of public prosecutors giving evidence in court, there is no express stipulation in the trial procedures and related legislative and judicial interpretations as stipulated in the Criminal Procedure Law of our country, and they are still being explored in trial practice. Is this method feasible? I hold a positive attitude. Now humble opinion, in order to discuss. Court proceedings to prove that the public prosecutors statutory duties reflect the procedures and entities require prosecutors to attend court proceedings, bear the dual responsibilities: it is necessary to expose the crime, to prove the crime, but also to exercise its legal oversight responsibilities. This dual responsibility should be equally emphasized and indispensable throughout the entire process of courtroom trial. During the current court verification phase, witnesses are asked to read out testimony and give out