在新的形势下,如何构建合理和有效的起诉裁量制度成为我国诉讼法律制度发展所迫切需要解决的问题,同时也是诉讼法学界讨论的重点。起诉裁量权,是指起诉机关(主要是检察官或检察机关)斟酌的案件具体情况,在法律规定的范围和幅度内,根据自己的意志和判断,以公平、争议作为价值准绳,就案件事实的认定和法律的使用的自主选择,酌情作出恰当的处理决定的权力 Under the new situation, how to construct a reasonable and effective prosecutorial discretion system has become an urgent problem to be solved in the development of China’s legal system of litigation. At the same time, it is also the focus of discussion in the litigation jurisprudence field. The discretionary power of prosecution refers to the specific circumstances of cases considered by the prosecutorial organs (mainly prosecutors or procuratorial organs), and within the scope and range stipulated by the law, according to their own will and judgment, fairness and controversy as the yardstick of value, The right to decide on the use of the law and the right to make the right decision, as appropriate