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宽严相济刑事政策的核心在于区别对待,在刑事诉讼中体现为刑事程序选择权,即刑事诉讼中刑事诉讼当事人有对重大的程序与程序性事项进行选择适用的权利。刑事程序选择权依行使的主体,可分为国家当事人选择权和诉讼当事人选择权;依内容可分为时程序性事项的选择适用权和对具体程序的选择启动权。检察机关运用刑事程序选择权,应当注重“以简应宽”的原则,推动宽严相济政策目标的实现;诉讼当事人运用刑事程序选择权可以最大程度地限制公权力在宽严适用方面的恣意。
The core of the criminal policy of temper justice with mercy lies in distinguishing treatment, which is embodied in criminal procedure as the choice of criminal procedure, that is, the parties to a criminal procedure in criminal proceedings have the right to choose between major procedure and procedural ones. Subjects to exercise the option of criminal procedure can be divided into the option of the parties to the litigation and the option of the litigants. According to the content, they can be divided into the right to choose and choose and the right to choose from specific procedures. The procuratorial organs should pay attention to the principle of “leniency and leniency” in their application of the criminal procedural option. The litigants should be able to use their criminal procedural options to the utmost extent to limit their willingness to apply the metropolitan right.