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起诉裁量权是检察机关及检察官对犯罪嫌疑人是否起诉作出决断的权力。起诉裁量权是适应刑事政策和刑法观念的变化而形成的 ,由于符合公共利益和诉讼效率的要求 ,而被普遍肯定 ,我国亦不例外。我国对起诉裁量权行使规定了较严格的条件及相应的制约程序 ,但不够合理和完善 ,影响起诉裁量权发挥其应有的功能。
The discretion to prosecute is the power of procuratorial organs and prosecutors to make decisions on whether the criminal suspects are to be prosecuted. Discretionary power of prosecution is to adapt to changes in the criminal policy and the concept of criminal law formed, due to meet the requirements of the public interest and the efficiency of litigation, which is generally affirmed, our country is no exception. China has imposed more stringent conditions and corresponding restriction procedures on the exercise of the discretionary power of prosecution, but it is not reasonable and complete enough to affect the discretionary power of prosecution and exert its due functions.