域外各国突破传统以实体作为判断公诉权滥用的标准,引入正当程序理念确立了多元的公诉权滥用形态,包括违反迅速审判的起诉、违反一事不再理的起诉、违法诱惑侦查的起诉、报复性起诉、歧视性起诉等等。我国应当借鉴其立法及实践经验,重新认识和界定我国的公诉权滥用形态,以更好地规范公诉权的运行。 Countries outside the domain break the tradition and use the entity as the criterion to judge the abuse of public prosecution rights. The introduction of the concept of due process established a variety of forms of abuse of public prosecution rights, including prosecutions for violating speedy trials, prosecutions for breach of one’s duties, prosecutions for temptation investigation by illegality, retaliatory Prosecutions, discriminatory prosecutions and more. Our country should draw lessons from its legislation and practical experience, re-understand and define the abuse form of our country’s public prosecution right, in order to better regulate the operation of public prosecution right.