论公诉权运行的机械性逻辑

个案；公诉权；机械性；刑事司法
The rationalization of the operation of the power of prosecution has direct influence on essential factors of criminal justice such as fairness, efficiency and authority. However, the tendency of mechanism which rooted in daily working of procuratorial organ would bring about some negative effects. To be specific, the logic of mechanism reflects in different aspects of entity, procedure and evidence. According to typical cases derived from empirical research, this phenomenon may be recognized accurately and regularly. The combination of the three elements of “value,institutionand subject” leads to the normal logic of the mechanical operation of public prosecution power. To eliminate the actual defect caused by such behavior pattern, we need to change the ecosystem of criminal justice from micro level to macro level step by step, until the power of prosecution can be exercised autonomously and dynamically.