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对不批准逮捕案件实行法律说理在检察机关推行之初是为了尽力消弭检察机关行使不批准逮捕决定权与公安机关行使侦查权之间的疑问、矛盾与冲突,也是消解案件当事人(尤其是被害人)内心存在疑问,尽力减少不和谐因素的重要举措,其在司法实践中取得了解决异议争端、节约诉讼资源、降低诉讼成本、提升案件质量、减少涉诉信访等诸多明显效果。不批准逮捕案件法律说理作为检察机关探索的新型法律诠释制度隐含了一种制度性的变革进路,改变了基于目前状况下检察机关行使检察权执法办案过程中不说理或者说理不充分、并且在短时间内不能改善的弊端,既能维护检察权的权威,又能提升检察机关的执法公信力。
The lawsuit of not approving the arrest case At the beginning of the procuratorial organ’s implementation, the procuratorial organ tried its best to eliminate the doubt, contradiction and conflict between the procuratorial organ’s exercise of the right of not approving the arrest and the exercise of the investigative power of the public security organ, and also the parties (especially the victims) There are doubts in the heart and try our best to reduce the factors of disharmony. They obtained many obvious effects in judicial practice, such as solving disputable disputes, saving litigation resources, reducing the cost of litigation, improving the quality of cases, and reducing the number of complaints and petitions. The legal justification of not approving the arrest case As a new type of legal interpretation system explored by the procuratorial organs, it implies a systematic reform process that has changed the basis for not justifying or inadequate justification in the prosecutorial exercise of prosecutorial powers in the current situation, and The drawbacks that can not be improved within a short period of time can both safeguard the authority of the procuratorial power and enhance the credibility of the prosecutorial organs in law enforcement.