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检察官自由裁量权有着及其重要的价值,它有利于实现诉讼经济与效率、突破法律本身的局限性。与美国相比,我国的检察机关的自由裁量权存在很多的不足,具体表现为不起诉裁量权范围过窄、适用强制措施裁量权任意性过大等。本文认为我国可以借鉴美国在此制度上的优势,进一步完善我国检察官自由裁量权的运作机制,使其更好地为打击犯罪、保障人权服务。
Prosecutor discretion has and its important value, it is conducive to the litigation economy and efficiency, breaking the limitations of the law itself. Compared with the United States, the procuratorial organs in our country have a lot of discrepancies in the discretion of the procuratorial organs. The concrete manifestation is that the scope of discretionary power of non-prosecution is too narrow, and the arbitrary discretion of applying compulsory measures is too large. This paper argues that our country can learn from the advantages of the United States in this system and further improve the operating mechanism of prosecutors’ discretion in our country so as to better serve the fight against crime and safeguarding human rights.