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在我国,起诉被误用或滥用,是指将不符合刑事诉讼法第141条规定的起诉条件的案件,向人民法院提起公诉。具体情形包括对于与已经被生效裁判确认的案件事实同一的事实再次起诉的,对应当不起诉的进行起诉的,以及对应当撤销案件的进行起诉。起诉如果不当,会增加被错误起诉的人的讼累,增加法院工作量,成为检控机关规避诉讼期间的借口。借鉴各国的立法经验和我国司法解释的有益内容,赋予人民法院对公诉进行司法审查的权力,应当是我们的明智选择。
In our country, the prosecution is misused or abused, which refers to bringing a case that does not meet the conditions of prosecution stipulated in Article 141 of the Criminal Procedure Law to prosecution in a people’s court. Specific circumstances include re-prosecution of the fact that the case has been confirmed by the effective referee, prosecution of non-prosecution, and prosecution of the case should be revoked. If the prosecution is improper, it will increase the litigation burden on those who have been wrongly prosecuted and increase the workload of the court, making it an excuse for the prosecuting authority to evade the lawsuit. Drawing on the legislative experience of various countries and the useful content of judicial interpretation in our country, giving the people’s court the power to conduct judicial review of public prosecutions should be our wise choice.