检察制度是我国社会主义法制建设中的一项重要制度,目前法学界围绕检察制度在我国刑事诉讼中的地位与作用以及如何完善问题进行热烈讨论,本文仅对其中的几个主要问题谈一下个人看法. 一、关于免予起诉制度问题.免予起诉,是我国刑事诉讼中的一个创举,是控诉职能的一个重要内容.我国刑事诉讼法已将它作为一种诉讼制度固定下来,对司法实践一直发挥着重要作用.但是,多年来,法学界和司法实际部门对它的存废问题发生许多争议.一是认为是对案件作出实体性的终断,实际上行使了审判权,它混淆了公诉权和审判权,是越俎代庖.同时在某种程度上也侵犯了被告人的辩护权和被害人对附带民事诉讼的控诉权.二是认为人民检察院对公安机关侦察终结的案件行使免予起诉职能是必要的,但对检察机关的自侦案件不应实行免予起诉权.否则, Prosecutorial system is an important system in the construction of socialist legal system in our country. At present, the legal circle focuses on the procuratorial system’s status and role in criminal proceedings and how to perfect it. This article only talks about several major issues First, on the issue of exemption from prosecution system. To be exempted from prosecution, is a pioneering act in criminal proceedings in our country, is an important part of the prosecutorial function.Our country’s Criminal Procedure Law has fixed it as a litigation system, judicial practice Has been playing an important role all along.However, for many years now, many disputes have taken place between the jurisprudence field and the actual judicial departments about the question of its existence and abolishment.One is that it is to make a substantive decision on the case and actually exercise the right of trial. It confuses Public prosecutorial power and judicial power, is the more 俎 generation.At the same time, to a certain extent, the defendant’s right of defense and the victim’s right to sue for incidental civil action are also violated.Second, it is considered that the people’s procuratorate’s function of exempting from prosecution the public prosecutorial organ Necessary, but no exemption from prosecution should be imposed on prosecutors’ self-detection cases, otherwise,