摘要
相较域外,我国检察官的职业定位极为复杂,集合侦控官、司法官和法律监督官三种角色。然而,作为侦控官的有效追诉义务,作为司法官的客观中立义务,以及作为法律监督官的适度监督义务,彼此极易出现冲突和矛盾,导致检察官职业伦理准则愈发模糊而难以界定。以检察官有效追诉义务、客观中立义务、适度监督义务作为切入点,可检讨检察官职业伦理与行为基准,协调角色边界:检察官首要义务是有效追诉义务,强力遏制侦诉的懈怠不作为。同时,需秉持客观义务,抑制过度追诉或违法追诉。此外,检察官履行法律监督义务,应是适度且有节制的,仅在司法审查力度不足的领域发挥补充作用。
Compared with foreign countries,the professional positioning of prosecutors in China is extremely complex,integrating three roles:investigator-prosecutor,judicial officer,and legal supervisor.However,the obligation of effective prosecution as an investigator-prosecutor,the obligation of objectivity and neutrality as a judicial officer,and the obligation of moderate supervision as a legal supervisor are prone to conflicts and contradictions,which renders the professional ethics standards of prosecutors increasingly ambiguous and difficult to delineate.Taking the obligations of effective prosecution,objective neutrality,and moderate supervision of prosecutors as the starting points,we can review the professional ethics and behavioral benchmarks of prosecutors and coordinate their role boundaries:the primary obligation of prosecutors is the obligation of effective prosecution to strongly curb inaction and negligence in investigation and prosecution.At the same time,it is necessary to uphold the objective obligation to restrain excessive or illegal prosecution.In addition,the performance of legal supervision obligations by prosecutors should be moderate and restrained,playing a supplementary role only in areas where judicial review is insufficient.
出处
《河北法律职业教育》
2026年第1期2-8,共7页
HEBEI VOCATIONAL EDUCATION OF LAW
关键词
职业伦理
侦诉不作为
追诉权滥用
法律监督
professional ethics
inaction and negligence in investigation and prosecution
abuse of the power of prosecution
legal supervision
