论酌定不起诉权行使的现状及完善--基于安徽省S县的实证考察

酌定不起诉权是检察机关的重要权力之一,其是否能够合法合理地行使,关乎检察机关权威的树立、人民群众权利的保障和社会公平正义的实现。在重申扩宽酌定不起诉的适用范围之前,必须了解酌定不起诉权的运行现状。以安徽省S县2019年上半年三件典型醉酒驾驶案的对比结果为出发点,观测和考察S县2019年上半年酌定不起诉权的运行。S县人民检察院的酌定不起诉权的行使存在不诉案件单一、文书中的不诉理由泛化、不诉界限模糊等问题。在司法实践中,应进一步增强酌定不起诉决定书的说理性;公开酌定不起诉的决定及其理由;监督酌定不起诉权的行使;完善相关的司法解释。

The Status-quo and Improvement of the Exercise of Discretionary Power of Non-prosecution: Cases from S County of Anhui Province

The discretionary power of non-prosecution is one of the important powers of the procuratorate and its legal and reasonable operation concerns the authority of the procuratorate,the protection of people’s rights and the fairness and justice of the society. It is important to understand the status-quo of the operation of the discretionary power of non-prosecution before re-emphasizing the widening of the scope of the discretionary non-prosecution. Based on the comparative results of three typical drunk driving cases from S County of Anhui Province in the first half of 2019,this paper combs and analyzes the discretionary non-prosecution cases from S County in the first half of 2019,and observes and investigates the operation of discretionary power of non-prosecution in S County in the first half of 2019. There are some problems in the exercise of discretionary power of non-prosecution in S County’s procuratorate,such as the single non-prosecution case,the generalization of non-prosecution reasons in the document,and the blurring of the non-prosecution line of the discretionary non-prosecution cases. In judicial practice,in order to standardize and improve the exercise of discretionary power of non-prosecution,we should further strengthen the reasoning of discretionary non-prosecution decision,publicly determine the decision of non-prosecution and its reasons,supervise the exercise of discretionary power of non-prosecution,and improve the relevant judicial interpretation.