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作为拥有一定准司法权的特殊行政机关,美国检察机关所享之起诉裁量权职能明确、内容丰富。伴随检察职能的扩充与演化,美国检察机关在行使这一特色鲜明的行政裁量权时,其裁量权内涵不断得以延伸。近年来,针对起诉裁量权之滥用,美国各级立法、司法机关、检察机关及有关行业协会采取了若干举措加以规制及限制,旨在规范并降低起诉裁量权滥用所带来的负面效果。
As a special administrative organ with a certain quasi-judicial power, prosecutorial agencies in the United States have a clear and abundant content of prosecutorial discretion. With the expansion and evolution of procuratorial functions, the prosecutorial agencies in the United States have continuously extended the connotation of discretion in the exercise of this distinctive administrative discretion. In recent years, in view of the abuse of the discretionary power of prosecution, the legislative, judicial, procuratorial and related trade associations at various levels in the United States have taken a number of measures to regulate and limit the negative effects of abuse of the discretionary power of prosecution.