审查起诉程序论

Dicussion on the Procedure of Examination and Prosecution

在刑事诉讼中,立法一直将提起公诉作为一个独立的诉讼阶段,而把审查起诉仅作为提起公诉的准备程序,这实际上是对整个刑事诉讼程序的误读,审查起诉应是一个独立的诉讼阶段,他不以提起公诉为唯一目标,而有着自身独特的价值和功能。

In the criminal proceedings, initiating public prosecution is always regarded as an independent phase, and examination and prosecution is limited to be a preparatory procedure of initiating public prosecution. However, this is a wrong opinion on the whole criminal procedures. Examination and prosecution is an independent phase, which has own special value and functions.Initiating public prosecution is not the only aim of examination and prosecution.