司法审查是英国制约检察机关起诉工作的重要途径,起诉和不起诉决定都可以成为司法审查的对象。英国检察机关在个案中通过司法审查实现向法律和当事人负责,以此弥补检察机关在整体上向议会负责的不足。长期以来,英国高等法院倾向于不愿意介入审查起诉裁量权,被害人通常也得不到成功质疑不起诉决定所必需的决定理由,司法审查监督不起诉决定的作用相对有限。近年来,英国法院审查不起诉决定的意愿有增强趋势,这促使检察机关对提供不起诉理由做出改进,并在合法合理行使起诉裁量权方面日益面临压力。 Judicial review is an important way for Britain to restrict the procuratorial work of procuratorial organs. Both the prosecution and non-prosecution decisions can be the object of judicial review. In the individual cases, the prosecutorial organs of the United Kingdom have passed the judicial review and are responsible to the law and the parties so as to make up for the deficiencies that the procuratorial organs are generally responsible to the parliament. For a long time, the High Court in the United Kingdom has tended to be reluctant to intervene in the discretion to examine prosecutions, and the victims have often not been given the reasons for their success in challenging the non-prosecution decision. The role of judicial review and supervisory non-prosecution decisions is relatively limited. In recent years, there has been an increase in the British courts’ willingness to examine non-prosecution decisions, prompting procuratorial agencies to make improvements in the grounds for providing non-prosecution and facing increasing pressure to exercise discretion in the legal and reasonable prosecution.