基于公诉权滥用的理论和现实,提起公诉制约论者认为应当对检察机关的提起公诉权进行制约,以防止权力滥用,更好地保障刑事被告人的合法权益。但其对权力滥用过于正统的描述,忽视对主体人的能动性的思考、忽视其他诉讼参与人及整体利益的权衡、忽视本土环境的考虑、忽视刑事诉讼目的的关注却不能不说存在缺陷。借鉴它国经验的权力制约之路固然能够推动权力滥用问题的解决,但充分利用现有成绩和本土优势,提升规范行权理念,完善规范行权制度、创新规范行权机制,将提起公诉权行使纳入科学的、规范化的轨道,使提起公诉权最终走向权力的规则之治,才是推进检察公诉权进步和发展的根本之道。 Based on the theory and reality of the abuse of public prosecution rights, the prosecutorial prosecutors argued that the prosecutorial procuratorial organs should be subject to the right of public prosecution to prevent abuse of power and to better protect the legitimate rights and interests of criminal defendants. However, it lacks the orthodox description of abuse of power, ignores the consideration of the initiative of the subject, ignores the trade-offs among other litigants and the overall interests, ignores the consideration of the local environment, and neglects the concern of the purpose of criminal proceedings without fail to say that there are flaws. Although it is possible to promote the solution of abuse of power by drawing lessons from the experience of other countries, it is necessary to make full use of existing achievements and local advantages to enhance the concept of standard exercise of power, improve the system of regulating exercise of power, innovate and regulate the exercising mechanism, and prosecute To exercise the scientific and standardized track so that the ultimate rule of public prosecution right to power is the fundamental way to promote the progress and development of procuratorial public prosecution rights.