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近年来,中国的法治实践受英美法系的影响很大,这在公诉案件中表现为排斥检察官客观义务,强调检察官当事人化。其实,公诉案件检察官客观义务在我国具有扎实的法律、思想与理论根据。通过对当前我国实践中检察官客观义务存在的不足进行分析,提出完善我国该项制度的合理化建议。
In recent years, the practice of the rule of law in China has been greatly influenced by Anglo-American law. This manifests itself in the public prosecution cases as excluding the objective obligation of the prosecutor and emphasizing the personalization of the prosecutor. In fact, the objective obligations of prosecutors in public prosecution cases in our country have a solid legal, ideological and theoretical basis. By analyzing the shortcomings of the objective obligations of the prosecutors in the current practice of our country, this paper puts forward the rationalization proposals of perfecting the system of our country.