平等保护是刑事公诉中的重要原则。我国公诉实践中存在相似情形不同处理的歧视性起诉现象。美国、日本近年来在判例中确立了歧视性起诉制度。我国应当建立此制度,以“歧视性效果”、“歧视性意图”作为歧视性起诉的认定标准,防止检察机关有意地以任意武断的分类,在与被告人相似的案件中歧视起诉。 Equal protection is an important principle in criminal prosecution. There are similar prosecutions in different situations in our country. The United States and Japan have established discriminatory prosecution systems in their jurisprudence in recent years. This system should be established in our country with “discriminatory effect ” and “discriminatory intention ” as the criteria for discriminatory prosecution, to prevent the procuratorial organs from arbitrarily arbitrarily categorizing them and discriminating against similar cases against the defendants Prosecute.