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检察官客观义务尽管在我国现行法律中得到了明确规定,但有学者担心强调检察官客观义务或许会导致检察官权力过度膨胀,从而威胁到我国正在努力构建的控辩双方平等对抗的诉讼结构。笔者认为检察官客观义务的确立,一方面,可平衡控辩双方实力的巨大悬殊,从而有利于发现案件实体真实,维护被追诉方的权利。另一方面,检察官作为国家在刑事司法中的代表,应当实现其参加刑事诉讼的目的,即实现公正,以确保犯罪受到惩罚的同时无辜的人不受刑事追诉。
Although the objective obligations of procurators have been clearly stipulated in the existing law in our country, some scholars worry that emphasizing the objective obligations of procurators may lead to the over-expansion of procurator’s powers, thus threatening the structure of equal fight between the prosecution and the defense that China is trying to build. The author believes that the establishment of procurators objective obligations, on the one hand, balance the great disparity between the prosecution and the defense, so as to find out the truth of the case and safeguard the rights of the accused. On the other hand, as the representative of the state in criminal justice, the procurator should realize his purpose of participating in criminal proceedings, that is, to realize justice so as to ensure that crimes are punished while innocent people are not prosecuted criminally.