论文部分内容阅读
关于检察权的抑制,虽有基于检察一体的自律机制,与交付审判的他律机制存在,台湾“刑法”甚至有滥权追诉罪存在,但证诸于现实,这些手段的实效性,恐有疑问。在检察官滥用积极追诉权的太极门案与滥用消极不追诉权的江国庆案中,现行的法律制衡机制并未发挥应有的作用。对于检察权的抑制,或许可以求诸于检察官伦理规范。
Although there are existing self-regulatory mechanisms based on procuratorial work and the existence of other legal mechanisms for the delivery of trials, there is even a crime of prosecution for abuse of power in Taiwan’s criminal law. However, due to the reality, the effectiveness of these measures, Fear doubt. In the prosecutor’s abuse of positive prosecution of the Taichi case and abuse of non-prosecution of Jiang Guoqing case, the current legal checks and balances mechanism did not play its due role. Suppression of procuratorial power may be codified in the prosecutor’s ethics.