起诉便宜主义相关问题评析

起诉便宜主义在当事人主义及职权主义诉讼结构的国家都已有广泛运用并出现了发展新趋势。我国应扩大起诉便宜主义运用的范围。起诉便宜主义是审判中心主义得以确立的前提。起诉便宜主义与“检警一体化”是不相容的 ,并集中反映了检察官的裁判职能。

Comments on the Doctrine of Prosecuting Discretion

The doctrine of prosecuting discretion has been widespreadly used in most of countries, no matter what kind of procedural structure, litigant or authority, is adopted in these countries, and noticeably, a new tendency has appeared. Based on this consideration, it is suggested the range of such a doctrine be expended in China for it is the premise of the establishment of judgement centralism. However, this practice is not compatible with an organic whole of prosecutor and police.