公诉裁量权滥用的基本形态

The Basic Form on Abusive Right of Discretion of Public Prosecution

目前,许多国家拥有强大的公诉裁量权。为了防止其滥用,各国确立了歧视性起诉、报复性起诉和轻微犯罪起诉等滥用形态。宽严相济刑事政策的提出导致我国公诉裁量权不断扩大。为了保护被告人权利,我国也应当建立三类公诉裁量权滥用。

At present, many countries have strong right of discretion of public prosecution. To prevent abusive right of public prosecution, they are established the system on the discrimination prosecution, the prosecutorial vindictiveness and the minor crime prosecution. The criminal policy of combining punishment with leniency leads to expand constantly. In order to protect the rights of the accused, China should set up the same three forms protecting abusive right of discretion of public prosecution.