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检察审查会制度是日本检察制度体系中的一项特色制度,其目的在于制约检察官的公诉权,尤其是检察官作出不起诉决定的自由裁量权。早在日本建立现代检察制度之初,其刑事法律并未规定检察官的起诉裁量权。虽然在司法实践中已经出现检察官对一些不严重犯罪作出不起诉的决定,但直到1922年《刑事诉讼法》修改,才明确规定了检察官的起诉裁量权。1二战以后,检察官在诉讼中的权力逐渐扩大,对于案件的处分权也失去制约。其间,甚至还形成了绝对的国家追诉主义和检察官独占起诉主义制度。在此情况下,检察官实际是在高度集中
The system of procuratorial censors is a distinctive system in the system of procuratorial organs in Japan. Its purpose is to restrict the public prosecutor’s power of prosecution, especially the prosecutor’s discretion to make non-prosecution decisions. As early as the beginning of Japan to establish a modern procuratorial system, its criminal law does not provide prosecutors prosecutorial discretion. Although the prosecutor’s decision to not prosecute some non-serious crimes has appeared in judicial practice, it is not until 1922 that the Code of Criminal Procedure is amended to clearly define prosecutors’ discretionary power of prosecution. After World War II, prosecutors gradually expanded their powers in litigations and lost control over the disposition of cases. In the meantime, even absolute state prosecutors and prosecutors dominated the system of prosecutions. In this case, prosecutors are actually highly concentrated