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随着司法改革的深入推展,检察机关确立了以权责一体为核心的司法责任体制。根据权责统一原则,检察职能的行使要以检察官对案件的自由裁量和负责为基础。正确处理检察裁量权和检察一体化之间的关系,保障检察裁量权得到合理有效的行使是检察机关落实司法责任制的重要环节。本文就检察裁量权的概念、范围与分类、实现和监督制约机制进行深入分析,探究现行检察制度下检察裁量权的合法合理行使途径,以期为新形势和新挑战下的检察工作提供帮助。
With the further promotion of judicial reform, the procuratorial organs have established the judicial responsibility system with the integration of rights and responsibilities as the core. According to the principle of uniform power and responsibility, the procuratorial functions should be based on the prosecutors’ discretion and responsibility for the case. Correctly handling the relationship between procuratorial discretion and prosecutorial integration, and ensuring that procuratorial discretion is exercised reasonably and effectively is an important part of procuratorial organs implementing the judicial responsibility system. In this paper, the concept, scope and classification of procuratorial discretion, the realization and supervision and restriction mechanism are analyzed in depth, and the legitimate and reasonable ways of exercising procuratorial discretion under current procuratorial system are explored in order to provide assistance for procuratorial work under the new situation and new challenges.