检律关系冲突的定位、探源与出路——以西南地区某检察院为例
发布时间：2019-08-02 11:55
【摘要】：检律关系并非惯常所述的只有案件承办人和辩护律师之间的单一对抗关系,而是检察机关内设的多个部门,多个程序设置与“不同角色”律师之间的多元化、多向性关系总和。在检察办案环节中对律师权利的限制,其实质是对信息的限制,是掌握优势信息的一方,以非正当的理由阻碍自身优势信息按法定程序流向律师端信息洼地。冲突的起因在于检察环节执法司法的不规范,根结在于国家本位主义过度泛化,源头是法治化进程中法治不平衡的阶段性表现。要在当前“政策实施”功能占据主导地位的司法机关权力生态中消解检律关系冲突,就需要通过程序环节减少产生信息冲突的可能场域、消除滋生信息冲突的法律空间、增加获取信息的替代途径,并赋予冲突裁断决定的强制效力。
[Abstract]:The prosecutorial relationship is not only the single antagonistic relationship between the case contractor and the defense lawyer, but the sum of the pluralistic and multidirectional sexual relations between the procuratorial organs and the lawyers with "different roles". In the link of procuratorial handling of cases, the limitation of lawyers' rights is essentially the restriction of information and the party who holds the dominant information, which hinders the flow of dominant information to the information depression of lawyers according to the legal procedure for improper reasons. The cause of the conflict lies in the non-standard law enforcement in the procuratorial link, the root of which lies in the excessive generalization of the national standard, and the source is the phased manifestation of the imbalance of the rule of law in the process of rule of law. In order to resolve the conflict of procuratorial relationship in the power ecology of judicial organs, which has the dominant function of "policy implementation", it is necessary to reduce the possible field of information conflict through the procedure link, eliminate the legal space that breeds information conflict, increase the alternative way of obtaining information, and endue the mandatory effect of conflict decision.
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本文编号：2522100
[Abstract]:The prosecutorial relationship is not only the single antagonistic relationship between the case contractor and the defense lawyer, but the sum of the pluralistic and multidirectional sexual relations between the procuratorial organs and the lawyers with "different roles". In the link of procuratorial handling of cases, the limitation of lawyers' rights is essentially the restriction of information and the party who holds the dominant information, which hinders the flow of dominant information to the information depression of lawyers according to the legal procedure for improper reasons. The cause of the conflict lies in the non-standard law enforcement in the procuratorial link, the root of which lies in the excessive generalization of the national standard, and the source is the phased manifestation of the imbalance of the rule of law in the process of rule of law. In order to resolve the conflict of procuratorial relationship in the power ecology of judicial organs, which has the dominant function of "policy implementation", it is necessary to reduce the possible field of information conflict through the procedure link, eliminate the legal space that breeds information conflict, increase the alternative way of obtaining information, and endue the mandatory effect of conflict decision.
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本文编号：2522100
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