On the Generation-based Evolution of Prosecutorial Suggestions and Conception of Their Categorization-based Development
Prosecutorial suggestions,as the originality of Chinese prosecutorial practices,is a generative result of the uniform expression and dynamic interaction of the inherent requirements of legal supervision and the evolving demands of prosecutorial powers between the unchangeable and the changeable.Through the construction of a phenogram for prosecutorial suggestions,their developmental history can be divided into three generations:the role of the"guardian of the law,"the dual roles of"guardian of the law"and"advocate for public welfare",and the triad roles of"guardian of the law""advocate for public welfare"and"participant in governance"and this signifies a trend of developing"from a mode of correction urged by a supervisor to one of and co-governance upon consultation by a suggester"and"from overall development to categorization-based development".The categorization-based development of prosecutorial suggestions should be reshaped according to the distinction between those oriented towards social governance and those focused on legal supervision.The latter is a kind of optional non-litigation supervision mode with"harmonized hardness and softness",while the former should become a kind of prosecutorial power of social governance under the development of extending prosecutorail power through legislation.
Prosecutorial SuggestionsPhenogramLegal SupervisionProsecutorial Power
万方数据
维普
