最高人民检察院规定贪污、受贿案件免予起诉由上一级检察机关审批的制度,这有利于对免予起诉的监督和把关,但在实践中下级检察机关产生依赖思想,“反正需上级审批”,而负责精神不足,且增加了免予起诉的审理程序和工作负荷。依笔者之见,若能借鉴人民法院审理案件的二审终审原则和上诉不加刑原则更好。即被告人、检举人对免予起诉决定不服,在法定期限内提出申诉的,原免予起诉决定不应视为发生法律效力的决定,而应以上级 The Supreme People’s Procuratorate stipulates that corruption and bribery cases should be exempted from prosecution by the procuratorial organs at the next higher level for examination and approval. This is conducive to the supervision and checks on exemption from prosecution. However, in practice, lower-level procuratorates have relied on their ideas and “they need examination and approval at any higher level anytime” , While being mentally inadequate and adding to the hearing process and workload exempted from prosecution. According to the author’s opinion, if we can draw lessons from the principle of final adjudication of second instance of the people’s court and appeal without penalty, the principle is better. That is, the defendant, the prosecutor dismissed the decision to exempt from prosecution, within the statutory time limit to make a complaint, the original exemption from prosecution decision should not be considered as a legal decision, but should be superior