公诉审查略式程序研究--省略我国审查起诉程序的思考

公诉审查程序以防止无根据的追诉和审判,防止国家公诉权滥用,保障犯罪嫌疑人权利为要.但不利于提高诉讼效率,保障犯罪嫌疑人获得迅速审判的权利.因此各国都规定在一定条件下,可以省略公诉审查程序.目前我国任何案件进入审判程序都必须经过审查起诉程序.因此,应当规定可能判处三年以下有期徒刑、拘役、管制或者单处罚金的案件,如果证据确实充分且犯罪嫌疑人同意简化公诉审查程序的,经检察机关同意,可以省略审查起诉程序.

On Abridging the Review Prosecution Procedure--Consideration on Abridging the Review Prosecution Procedure

The review prosecution procedure aims to avoid the prosecution or trial that is groundless, to prevent the abuse of the state's power to prosecution, and to protect rights of criminal suspects. However, the disadvantage of this procedure is that it cannot guarantee the efficiency of litigation or criminal suspects' rights to quick trial. Thus, it is a common provision for various countries that the review prosecution procedure can be abridged under specific circumstance. Nevertheless, in China, the review prosecution procedure is a necessary procedure for all kinds of cases before they come to the stage of trial. Therefore, the provision that the review prosecution procedure can be abridged after getting the agreement from procuratorate for those cases which will be sentenced to three-year-below imprisonment, criminal detention, stay under control or amercement, and be accompanied with definite and sufficient evidence and with the agreement of criminal suspects involved in cases of should be written into the law.