在我国刑事诉讼程序中,提起公诉的检察机关有权对同级法院作出的一审裁判提出抗诉,上一级检察机关对抗诉理由正确与否进行审查,有权支持抗诉或撤回抗诉,这种上下两级检察机关共同行使抗诉权的制度设计可称为抗诉权分置。该制度设计在上下级检察机关意见一致时不存在问题,但两级检察机关对于抗诉的意见一旦出现分歧,就会出现复杂情况。此外,遇有复杂、疑难案件时,上级检察院的阅卷压力巨大,甚至由此导致审查困难,进 In our country’s criminal proceedings, the procuratorial organs that prosecute have the right to protest against the first instance verdict made by the same level court. The procuratorial organ at the next level has the right to examine the cause of the protest and the right to support the protest or withdraw the protest. The system design for the two procuratorates to jointly exercise their right of protest may be called the separation of protest rights. There are no problems in the design of the system when the opinions of procuratorates at the lower and upper levels are the same, however, complicated situations may arise if there is disagreement between the two levels of procuratorial organs on the opinions of the protest. In addition, in case of complex and difficult cases, the prosecution at a higher level of pressure on the tremendous examination, and even lead to review difficulties