我国公诉权制约机制的缺陷与完善

On Drawbacks and Perfection of the Restrictive Mechanism of Public Prosecution Power in Our Country

我国在刑事诉讼法中对提起公诉权制约机制作了一些相应的规定,但由于立法规定过于原则,以及司法实践中种种问题的存在,使得有限的制约权也难以落实。我们试图从我国的社会现状出发,借鉴国外公诉权制约机制的优点,分析我国制约机制的不足,并在此基础上提出完善我国提起公诉权制约机制的构想。

Despite the fact that some stipulations are made in our country＇s law of criminal procedure as to the restrictive mechanism of initiation of the public prosecution power, some limited restrictive mechanisms do not work in virtue of its over rigid legislation as well as the drawbacks existing in the judicial process. After pointing out the weakness of the restrictive mechanisms underlying our current social situations and drawing upon the advantages of overseas restrictive mechanisms of public prosecution power, we seek to construct the conception of perfecting the initiation of restrictive mechanisms of public prosecution power with a view to offering some helpful guidelines to the reformation of criminal prosecution systems in our country.