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检察机关不起诉裁量权由于适用范围之狭窄、标准设置之模糊等因素导致其基本处于“闲置”状态。基于此,本文首先界定了不起诉裁量权的含义,分析其特点、法理基础,针对我国不起诉裁量权的缺陷、成因,并合理借鉴国外先进的立法和实践经验,提出了相关的立法建议,以期借本次刑事诉讼法修改为契机扩大和完善我国检察机关的不起诉裁量权。
Prosecutors do not prosecute the discretion due to the narrow scope of application, the standard setting of the fuzzy and other factors lead to its basic “idle” state. Based on this, this article first defines the meaning of non-prosecution discretion, analyzes its characteristics, legal basis, the defects and causes of non-prosecution discretion in our country, and draws lessons from advanced foreign legislation and practical experience, puts forward relevant legislative proposals, With a view to this revision of the criminal procedure law as an opportunity to expand and improve our procuratorial organs do not prosecute discretion.