检察机关滥用起诉裁量权的制约研究刑事诉讼法专业论文.docxVIP

检察 检察机关滥用起诉裁量权的制约研究 西南 西南政法大学硕士学位论文 Abstract At present, most of the countries have established the system which the government agency can initiate a public prosecution by way of function and power . In other words, when the procuratorial organ review and make a decision of prosecution to a crimina suspect ,they have the discretion to choice prosecute or not on the basis of the legal provisions and the specific circumstance of the case as well as the spirit of fairness. The discretion of the procuratorial organ plays an important role in improving the efficiency of lawsuit, saving judicial resources, reducing the cost of litigation and emphasizing the defendants lawsuit status. It is common to find that since the right of initiating a public prosecution becomes the common form in the criminal prosecution, the abuse and neglect of the right has always occurred. Some prosecutors know perfectly well that the case does not meet the conditions for prosecution, they still prosecute; some prosecutors hold the idea of prosecute to the Supreme Court first, withdraw it if not judge to sue the case which lack of evidence to the court with fluky mentality; and even some prosecutors regard prosecution discretion as the tool of revenging against citizens, eliminating political dissidents, and seeking personal gain.The abuse of prosecutorial discretion has challenged the judicial authority seriously. A series of miscarriages of justice exposed in our judicial practice have lead to a crisis of confidence to our procuratorial organs.,and the problem of abusing prosecutorial discretion has attracted peoples attention day by day. How to establish the corresponding mechanism to effectively prevent the prosecution discretion from abusing has become a puzzle that needed to solved urgently in our current. The purpose of this paper is based on the grim fact of the abuse of Chinas procuratorial organs prosecution discretion and the urgency to restrict the abuse.The author hopes to explore