日本检察审查会制度改革及其启示

Reform of Japan's Procuratorial Review System and Some Reflections on It

日本的检察审查会制度是为防止检察官滥用不起诉权而建立的。检察审查会制度发挥了制约检察官的公诉权行使、救济被害人的作用。进入21世纪以后,日本司法进一步扩大民众参与的范围,检察审查会制度的改革就是其中一环。在检察审查会中设立审查辅助员,赋予检察审查会决议以法律强制力,这使检察审查会制度更趋合理。

The procuratorial review system of Japan was established to prevent the law officer from abusing the non-prosecution right. This system helps to restrain the exertion of the public prosecution fight and offer assistance to the victim. Since the beginning of the 21st century, the judiciary in Japan has been further expanding public participation, with the procuratorial review system reform being one of the endeavors. By employing assistant examiner in the procuratorial review committee, and endowing the committee＇s resolutions with legal force, the system has become more rationally designed.