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现代公诉制度起源于西方,是国家追诉主义和不告不理原则相结合的产物。近代中国公诉制度发端于清末。公诉制度的创设,促成纠问式诉讼转化为控辩式诉讼,控、审分离原则得以确立,集权司法模式被打破,对于构建以司法权能分设为原则的司法体制,推动近代司法顺应法治文明的潮流不发展,从而实现司法保障民权、维护公正的功能具有重要意义。
The modern system of public prosecution originated in the West and is a product of a combination of state-based prosecution and non-negligence principles. Modern Chinese prosecutorial system originated in the late Qing Dynasty. The establishment of the prosecutorial system led to the conversion of litigation between litigation and litigation. The principle of separation of prosecution and trial was established, and the judicial mode of centralization of power was broken. For the construction of a judicial system based on the principle of separation of judicial power, the modern judicial system should follow the rule of law The trend does not develop, so as to realize the judicial protection of civil rights and safeguard the fair function is of great significance.