起诉法定主义与起诉便宜主义——兼论我国起诉裁量权的完善

起诉法定主义与起诉便宜主义并为现代刑事诉讼的两大基本原则,在刑事追诉过程中同时发挥着重要作用。从起诉法定主义到起诉便宜主义,是刑事诉讼发展的基本趋势。我国起诉裁量权限于微罪不检举范围内,起诉裁量权适用面过窄,不适应诉讼经济的需要,也没有体现出"宽严相济"、"区别对待"的刑事政策,有必要修订刑事诉讼法,确立起诉便宜原则,扩大检察官的起诉裁量权。

Doctrine of Ruling by Law and Doctrine of Opportunity in Prosecution

The doctrine of ruling by law and the doctrine of opportunity are two basic principles in modern criminal litigation,playing an important role in criminal prosecution altogether.It's a basic trend of development from the doctrine of ruling by law to the doctrine of opportunity.Our country's discretionary right of prosecution does not meet the need of prosecution economy due to its confinement to exemption from petty criminality prosecution,and limited application.It also doesn't reflect the criminal policy of "combining punishment with leniency" and "distinct treatment".It's necessary to revise the criminal procedure law,establish the doctrine of opportunity and confer more discretionary right of prosecution to procurators.