论我国暂缓起诉的特征和制度构建

论述起诉法定主义和起诉便宜主义一直以来都指导着我们国家的起诉活动,暂缓起诉是检察机关自由裁量权的体现,其属于检察机关的法定职权,建立暂缓起诉制度不但有利于实现刑事诉讼目的,平衡刑事诉讼中的各方利益;而且能够满足刑罚的非罪化和轻型化要求;同时还能够通过优化司法资源配置达到合理整合社会资源的目的;指出暂缓起诉与当今世界刑事政策"轻轻重重"的发展趋势及我国"宽严相济的刑事司法政策"内在要求一致。暂缓起诉作为一种程序性的刑事制度,在未成年人犯罪暴力化和低龄化的今天,进一步分析暂缓起诉制度的特征和制度构建无疑具有不可忽视的重大意义。

On the characteristics of the deferred prosecution in our country and the system building

Sue legal doctrine and prosecution cheap doctrine has been guiding the prosecution work of our country, deferred prosecution is a reflection of prosecution discretion,it belongs to the procurator organ＇s legal authority, set up the system of deferred prosecution is not only beneficial to attain the goal of criminal proceedings, balance the in- terests of all parties in criminal action. And can meet the requirements of the light-duty is not a crime and punish- ment;at the same time also can pass the optimize allocation of judicial resources to achieve the purpose of reasona- ble integration of social resources. More valuable is deferred prosecution heavy gently with today＇s world of criminal policy and the development trend of China＇s ＂criminal judicial policy of tempering justice with mercy＂ internal re- quirement is consistent, therefore, further analysis of the characteristics of the deferred prosecution system and the system construction has great significance can not be ignored.