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作为“求刑者”的检察机关在刑事司法活动中的权力运作,需要体现谦抑性。其标准是对人的主体性地位的尊重、对公序良俗的参考、宽容和自省等。然而,这并不意味着检察权无原则、无限制地退让,更不意味着检察权对社会生活调节作用的减小。要真正塑造一种以人为本、充满人情味却不失严正的法律监督体系,实现我国检察权在新形势下的谦抑化发展,应该从刑事政策的修正等途径进行制度的革新与保障。
The procuratorial organ that acts as a “petitioner” needs to demonstrate restraint in the operation of its powers in criminal justice activities. Its standard is respect for the subjective position of man, reference to common customs, tolerance and introspection. However, this does not mean that the procuratorial power is unprincipled and unrestricted. Nor does it mean that procuratorial power has a diminishing effect on the social life. It is necessary to truly create a people-oriented and humane but yet strict legal supervision system and realize the modest and restrained development of the procuratorial power in our country under the new situation. We should reform and guarantee the system from the perspective of the amendment of criminal policies.