检察机关“撤案批准权”的定性与制度展望

Qualitative Determination and Systematic Prospect of Procuratorial Organ's Right of Case Withdrawal Permission

撤案批准权具有广泛的适应性,并不局限于认罪认罚从宽制度。对该权能定性应为检察机关公诉权,而非诉讼监督权;对该权能的规定尚存在程序层级过多、适用条件模糊等问题。撤案批准权的案件处理方式为公诉权发展开辟了一条新的思路,值得总结推广。

Right of case withdrawal permission has wide application and is not limited to the system of ＂confession, readiness for penalty and lenient treatment＂. The qualitative determination to it should be the prosecution of procuratorial organ＇ s but not the proce- dural supervision. The provisions on this right have some defects of excessive procedural levels and blurred application conditions. The treatment way on right of case withdrawal permission provides some new thoughts for the development of prosecution right which are worth summarizing and popularizing.