起诉必要性审查制度实践困境与优化路径OA北大核心CHSSCDCSSCI

The modernization of criminal prosecutorial work requires that procuratorial organs strengthen the concept of human rights protection,implement the criminal policy of combining leniency with severity,fully and accurately exercise the discretion of prosecution,and perform the duty of reviewing the necessity of prosecution according to law.An empirical study on 1533 cases of prosecution review found that the quality of prosecution necessity review was not as good as expected,manifested as inappropriate limitation of the scope of application,insufficient comprehensive review elements,deviation of review analysis,and inconsistent review format.The main reasons affecting the quality and effectiveness of the review of prosecution necessity include that the concept of rule of law does not completely get rid of the"tradition of heavy punishment",the lack of top-level design of the review guidelines,the imperfect evaluation mechanism,the cumbersome process of non-prosecution and the imperfect connection mechanism between criminal and administrative.In order to promote the full and correct application of prosecution discretion,we should clarify the scope and elements of prosecution necessity review cases,and follow the specific review rules of individual discretion,taking into account the modesty of punishment and simple justice,and giving priority to national interests.To perfect the prosecution necessity review system,it is necessary to formulate work guidelines,set up scientific evaluation,optimize supervision and restriction;At the same time,we should build a supporting governance mechanism for prosecution discretion,such as innovating the compensation deposit deposit system,exploring the expansion of the scope of conditional non-prosecution,and improving the non-criminal punishment connection mechanism.