论我国职务犯罪案件的建议撤案制度

Study of the Duty Crime Case Dismissed under the Procuratorate' Proposal

公诉部门建议撤案体现了有错必纠与诉讼经济的原则,有着存在的合理性。当前由于缺乏立法规范,建议撤案后案件状态不明确,适用条件与适用程序也存在较大的漏洞,加之后续机制缺失,导致了建议撤案制度运行的畸形化。鉴于此,应当从问题出发,在肯定建议撤案的价值功能的前提下,逐步地予以解决,使建议撤案制度更加有效地发挥其积极功能。

The case dismissed under the procuratorate＇s proposal reflects the principle of ＂collecting mistakes whenever discovered＂ and economic litigation, which means the rationality of its existence. In the present, because of deletion of legislation, the mechanism of case dismissed is not sound, such as the case nature is uncertain, there are also some flaws for the applicable conditions and procedure, and lack of follow-up mechanism. These problems have leaded to the institution of case dismissed deformed. For that reason, we should solve these problems gradually in the premise of approve the value of this institution, then make the system of case dismissed develop its function effectively.