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为了防止检察官利用自由裁量权滥施报复性起诉,美国联邦最高法院确立了报复性起诉规则,并对检察官的报复性动机实行推定原则。我国刑事司法实践中也不时出现检察机关为打击报复举报人、律师、记者等而提起诉讼的现象,这严重损害了当事人的合法权益和刑事诉讼目的的实现,也打击了社会公众对刑事司法的信心。综合法理与实务之观点,我国有必要建立报复性起诉规则,以达到防止检察机关滥用公诉权和保护当事人合法权益的双重目的。
In order to prevent Prosecutors from using the discretionary power to prosecute retaliatory prosecutions, the Supreme Court of the United States has established a retaliatory prosecution rule and applied the presumption principle to prosecutors’ retaliatory motives. In our criminal justice practice, prosecutors sometimes bring litigation against retaliation whistleblowers, lawyers and journalists, which have seriously damaged the parties’ legitimate rights and interests and the realization of the purpose of criminal proceedings, as well as cracked down the public’s criminal responsibility toward criminal justice confidence. From the viewpoints of law and practice, it is necessary for our country to set up the rules of revenge prosecution in order to achieve the dual purpose of preventing prosecutorial agencies from abusing their public prosecution rights and protecting the legitimate rights and interests of the parties concerned.