酌定不起诉既是刑事诉讼法规定的一种制度,也是赋予检察机关的一项非常重要的权力。这项权力在行使过程中遭遇了理论难题和实践困境,适用的频率并不高。本文认为,酌定不起诉的存在有其合理性和必要性,权力之所以被束之高阁,既有制度本身的原因,也有操作方面的原因,应当加以完善,使其更好地为司法实践服务。 Discretionary non-prosecution is not only a system stipulated in the Code of Criminal Procedure, but also a very important power for procuratorial organs. This power encountered in the exercise of the theoretical difficulties and practical difficulties, the frequency of application is not high. This paper argues that the existence of discretionary non-prosecution has its rationality and necessity. The reason why power has been shelved, the reasons of both the system itself and the operation, should be improved to make it serve judicial practice better.