公诉权是一种司法请求权，不具有实体判定权能。但公诉机关运用不起诉权时，实际起着“司法”的作用。不诉权的运用有利于实现刑事司法的目的，也利于诉讼经济。公诉权是一项具有专属性的法定职权，由检察机关独占。法院只应享有公诉改变的建议权、要求权而不享有强制性决定权。公诉权的行使必须符合特定的诉讼条件，遵循合法性原则、合理性原则以及程序原则。判断公诉机关是否滥用公诉权，不必以法院是否作出有罪裁决为标准，而应当根据公诉权行使的诉讼条件是否具备来判定 Public prosecution right is a kind of judicial right of claim, without the power of entity to determine. However, when prosecutorial organs use non-prosecutorial powers, they actually act as “judicial”. The use of non-litigation is conducive to the realization of the purpose of criminal justice, but also conducive to litigation economy. Public prosecution rights is a statutory authority with exclusive, exclusive by the prosecution. The court should only enjoy the right of suggestion of change of public prosecution, the right of claim without the right of compulsory decision. The exercise of the power of public prosecution must conform to the specific conditions of lawsuit and follow the principle of legality, rationality and principle of procedure. It is not necessary to judge whether the prosecutorial institution abuses the public prosecutorial power based on whether the court makes the guilty verdict. However, it should be judged according to the suitability of the procedural conditions exercised by the public prosecutorial power