在学习贯彻修改后的刑事诉讼法(以下简称新刑诉法)中,不少同志反映,随着新刑诉法的贯彻施行、不起诉范围的扩大,关于检察机关对不起诉案件特别是其中存疑不起诉案件,要不要给予刑事赔偿的问题,需要予以明确。我们认为,根据现有的法律规定,对不起诉案件不应承担刑事赔偿责任。首先,不起诉制度是我国起诉便宜原则的具体体现,不起诉案件不是错案。不起诉的基本含义,是对于犯罪嫌疑人、被告人的行为已构成犯罪的案件,鉴于该犯罪嫌疑人、被告人及其犯罪的具体情况和法律的有关规定,不将其交付审判和处以刑罚更符合诉讼经济的要求和政策的目的时,法律赋予检察机关在权衡利弊后有权决定不起诉的自由裁量权。也就是说,不起诉是人民检察院对侦查终结的刑 In studying and implementing the revised Criminal Procedure Law (hereinafter referred to as “the new Criminal Procedure Law”), many comrades have reflected that with the implementation of the new Criminal Procedure Law, the scope of prosecution will not be widened. The procuratorial organs have especially doubted the non-prosecution cases, Do not prosecute the case, or to be given the issue of criminal compensation, need to be clear. In our opinion, according to the existing laws and regulations, we should not assume criminal liability for non-prosecution cases. First, the non-prosecution system is a concrete manifestation of the principle of cheaper charges in our country. It is not a wrong case to prosecute cases. The basic meaning of non-prosecution is that the behavior of the suspect and the accused has constituted a crime case. Given the specific circumstances of the criminal suspect and the accused and their crimes as well as the relevant provisions of the law, they will not be put to trial and sentenced More in line with the requirements of the lawsuit economy and the purpose of the policy, the law gives the procuratorial organs the right to decide whether to prosecute after weighing the pros and cons. In other words, no prosecution is the People’s Procuratorate on the termination of the investigation