论文部分内容阅读
刑事诉讼法律制度的构建与完善是我国实现法治的重要途径。随着我国经济社会的不断发展以及人权保障观念的日益深入人心,对刑事诉讼理论与实践问题的研究也日益呈现繁荣的态势。在现代刑事司法领域,公诉权自由裁量是一项具有积极意义的制度,其产生和发展都具有重要的现实意义。在其不断发展的过程中,刑罚目的论逐渐取代了刑罚报应论,起诉便宜主义也逐渐被确立下来,公诉权与检察权、公诉权与审判权的关系更是探究公诉权自由裁量的基础。
The Construction and Improvement of Legal System of Criminal Procedure is an Important Way to Realize the Rule of Law in Our Country. With the continuous development of economy and society in our country and the increasing popularity of the concept of human rights protection, the research on the theory and practice of criminal procedure is also increasingly prosperous. In the field of modern criminal justice, the discretion of public prosecutorial power is a system with positive meaning. Its emergence and development have important practical significance. In the process of its continuous development, the penalty teleology gradually replaced the penalty retribution theory, and the prosecution of cheap doctrine was gradually established. The relationship between public prosecutorial power and prosecutorial power, public prosecutorial power and judicial power was the basis for exploring discretion of public prosecutorial power.