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检察官客观义务要求检察官在刑事诉讼活动中以客观公正的态度来收集证据和行使诉权,独立发现事实真相从而实现司法公正。(1)检察官作为公权力机关,掌握着强有力的证据收集能力和公诉职能,在对抗制平台上,依然肩负着客观的职责,既要重视打击犯罪,又要注意保障人权。但我国刑事诉讼制度并没有明确检察官客观原则,受传统“着重打击犯罪”观念影响,检察官未能很好地履行客观公正义务,导致人们对检察机关丧失信心。从理论起源出发,立足我国的立法规范和司法实践,论我国检察客观义务的困境,结合检察官独立、证据开示制度等方面谈完善我国检察制度的构想。
The procuratorate’s objective obligation requires the prosecutor to collect the evidence and exercise the right of action in an objective and fair manner in criminal proceedings and independently discover the truth so as to achieve judicial fairness. (1) As a public authority, prosecutors have a strong capacity of evidence collection and public prosecution. They still have objective responsibilities on the platform of adversarial system. They should not only pay attention to fighting crimes but also protect human rights. However, the criminal procedure system in our country did not clarify the objective principle of prosecutors. Influenced by the traditional concept of “cracking down on criminals”, the prosecutors failed to fulfill their objective and fair obligations well, causing people to lose confidence in procuratorial organs. Starting from the origin of theory, based on the legislative norms and judicial practices in our country, we discuss the dilemma of procuratorial objective obligations in our country and the conception of perfecting the procuratorial system in our country in the light of independence of prosecutors and evidence discovery system.