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不起诉是现行《刑事诉讼法》规定的一项诉讼制度,是在总结多年来的司法实践的基础上,顺应世界诉讼发展趋势的科学选择。我国刑事诉讼法对不起诉的修改,充分体现了检察机关不但具有独立不起诉的决定权,而且享有不起诉决定的审查权和是否起诉、不起诉的裁量权。刑事诉讼法之所以赋予检察机关一定的自由裁量权,是由于人民检察院的法律监督性质所决定的。同时,检察机关依法享有不起诉裁量权,并不意味着可以随意行使。在司法实践中能否正确行使不起诉权,直接关系到修改后刑事诉讼法的顺利实施和检察机关的声誉。为此笔者就我区不起诉案件作了一些调查,从调查的情况看,1997年全区共审结刑事案472件630人,其中决定不起诉91人,不起诉率为14.44％,高出全省6.14个百分点。在不起诉的91人中,相对不起诉占83.51％。调查结果表明,绝大部分不起诉案件符合法律规定的条件和要求,但不起诉率呈上升趋势这一苗头依然是今后正确适用刑事诉讼法应该十分重视的问题,亦是影响检察机关严格执法的一个重要方面,对此,必须采取有效措施加以解决,以维护法律的公正性。
Non-prosecution is a system of litigation stipulated in the existing “Code of Criminal Procedure,” and is a scientific choice that follows the trend of world litigation on the basis of summing up many years of judicial practice. The amendment of non-prosecution of criminal procedure law in our country fully demonstrates that procuratorial organs not only have the power to decide whether to prosecute independently but also to prosecute and not to prosecute. The reason why the criminal procedural law gives procuratorial organs some discretion depends on the legal supervision nature of the people’s procuratorate. At the same time, procuratorial organs enjoy the right of non-prosecution according to law, which does not mean that they can exercise freely. Whether or not we can correctly exercise the right of non-prosecution in judicial practice is directly related to the smooth implementation of the revised Criminal Procedure Law and the reputation of the procuratorial organ. For this reason, the author made some investigations on the non-prosecution cases in our district. According to the investigation, in 1997, a total of 630 criminal cases were concluded in the district, of which 91 people were not prosecuted and the non-prosecution rate was 14.44% Province 6.14 percentage points. Of the 91 non-prosecutors, 83.51% were non-prosecuted. The results of the investigation show that the vast majority of non-prosecution cases are in conformity with the conditions and requirements stipulated by the law, but the rising trend of non-prosecution rates is still the issue that should be properly applied to the criminal procedure law in the future. It is also a matter that affects prosecutorial organs strictly enforcing the law An important aspect, in this regard, must take effective measures to be resolved in order to safeguard the fairness of the law.