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公诉权是国家主动对犯罪进行追诉的一种刑罚请求权, 它是指国家公诉机关根据侦查结果,对于符合法定条 件且有必要进入审判程序的犯罪嫌疑人,决定向法院提起公诉;对于不应当或不必要追究刑事责任的犯罪嫌疑人,决定不予起诉。公诉权是一项重要的国家权力,其正确行使与否直接关系到国家利益、被追诉者利益和被害人利益。然而,“自古以来的经验表明,一切被授予权力的人都容易滥用权力”,“要防止滥用权力,就必须以权力制约权力”。[1]公诉权尤其是不起
The prosecutorial right is a state’s right of prosecution for crimes on a voluntary basis. It refers to the state prosecutorial organs according to the results of the investigation, for those who meet the statutory conditions and the need to enter the trial process of the criminal suspects, decided to prosecute the court; for not Or do not need to be held criminally responsible criminal suspects, decided not to prosecute. The right to prosecution is an important state power, and its correct exercise is directly related to the national interest, the interests of the prosecutors and the victims. However, “since ancient times the experience shows that all people who are empowered are apt to abuse their power.” “To prevent abuse of power, power must be used to restrict power.” [1] In particular, the right to prosecution