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公诉权作为请求法院行使审判权以确定被告人刑事责任和刑罚的一种权力,易被滥用。世界各国对公诉权进行规制的一般规律体现为对不起诉裁量权的制约。我国对公诉权规定了比较严格的监督制约措施,但还不完善,存在诸多疏漏,需要进一步从建立对检察机关的起诉决定以及酌定不起诉和证据不足不起诉决定的预审程序、被害人不服不起诉的强制起诉程序、被不起诉人对不服酌定不起诉或证据不足不起诉的强制起诉程序等方面加以完善。
As a kind of power to request the court to exercise judicial power to determine the defendant’s criminal liability and penalty, the prosecutorial power is apt to be abused. The general rules governing the right of public prosecution in various countries in the world are shown as the restriction on the right of non-prosecution. However, there are still many omissions and omissions. There is a need to further review the procedure of prosecution of the procuratorial organs and to decide not to prosecute and not enough evidence to prosecute. The victim is not convinced The prosecution of the compulsory prosecution process was prosecuted by non-prosecutors refuse to sue or do not prosecute inadequate prosecution proceedings and other compulsory prosecution to improve.