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新刑诉法通过后,适用简易程序的案件范围进一步扩大,且每起案件都需公诉人出庭。面对这种新局面,基层检察院公诉部门的解决方法无两点:增加人员或提高效率。解决人员编制绝非一朝一夕,对出庭模式及庭审内容的“集中”与“简化”以提高诉讼效率成为首选路径,然而在公正和效益双重价值的博弈下,如何“集中”?“简化”到什么程度?哪些程序绝不能简化?这些都成为本文所探讨的焦点,并尝试立足司法实践,从实操层面提出对简易程序出庭公诉模式选择的看法。
After the adoption of the new Criminal Procedure Law, the scope of the cases applying the summary procedure has been further expanded, and prosecutors have to appear before each case. Faced with this new situation, grass-roots public prosecutors prosecutor’s office no two solutions: to increase staff or improve efficiency. It is not the first time to solve the problem of establishment of staffing system. It is the first choice to improve the litigation efficiency by focusing on the “centralization” and “simplification” of the appearance patterns and the trial content. However, under the game of the dual value of fairness and effectiveness, ? “To simplify” to what extent? Which programs must not be simplified? These are the focus of this article, and try to establish a judicial opinion based on the judicial practice, from the practical level to the summary procedure mode choice.