论文部分内容阅读
近年来,国内学者对起诉裁量权的运行状况表现出普遍的担忧,其间大量的比较法著作问世,要求扩大检察官起诉裁量权的呼声日渐高涨。现实中的起诉裁量权状况是否前景堪忧,抑或是国内学者杞人忧天?中、德两国在法律制度方面有许多相似之处,笔者试图通过考察起诉裁量权在德国的运行状况,以期对上面的问题做出解答,并为我国起诉裁量权的完善提供借鉴。
In recent years, domestic scholars have shown widespread concern about the operational status of prosecutorial discretion. During the advent of a large number of comparative law books, the demand for expanding prosecutors’ discretion to prosecute is on the rise. Whether the situation of prosecution discretion in reality is a worrying one or whether there are many scholars in the world? There are many similarities between China and Germany in the legal system. The author attempts to investigate the prosecution of the discretionary power in Germany by looking into the problems above Make a solution, and provide reference for the improvement of discretion of our country’s prosecution.