On the Development of Criminal Prosecution under the Positive Criminal Legislation
The positive criminal legislation has a profound impact on the structure of crime and the purposes of punish-ment.The proportion of minor offenses,misdemeanors and statutory crimes is increasing,and the positive general preven-tion theory has become a consideration factor for conviction determination and sentencing recommendations.All these chan-ges require that criminal prosecution conform to the substantial requirements of the development of criminal structure and the purposes of punishment,so as to constantly approach the natural state of criminal prosecution development under the positive criminal legislation,including pursuing substantive justice in specific cases,enriching the procedural system of criminal proceedings,paying attention to the practical effectiveness of criminal governance.Therefore,in response to the current inconsistency between the value goals,system structure,and path of criminal prosecution and the current criminal governance,procuratorial organs should strengthen the justice in conviction determination and sentencing recommendations in criminal prosecution in criminal judicial practice,alleviate the tension of power exercise in criminal prosecution,elimi-nate the negative effects in criminal prosecution,and respond to and achieve the requirements and goals of the development of criminal prosecution in the new era.
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