试论不起诉之自由裁量权

随着刑事诉讼的发展,刑事诉讼的价值功能也逐渐发生了改变,由单纯的惩罚性向惩罚与教育并举的方向发展,犯罪嫌疑人被带上法庭受审不是最终目的,在起诉阶段进行分流的主张已得到法学界的广泛接受。这就是赋予检察机关一定的不起诉自由裁量权。从理论和立法方面进一步确定不起诉自由裁量权的性质、适用范围和价值,使不起诉裁量权与刑事诉讼的价值目标相适应是法学理论界面临的任务。

On the Free Ruling Rights of Non-Prosecution

With the development of criminal suit modernization, criminal suit's value function also has changed slowly from the pure punishment to the combination of punishment and education. It is not the final goal to bring the criminal suspect to the court. The proposition of dividing it at the prosecution stage has been widely accepted by the law field. This action entrusts some free ruling right of non-prosecution to procuratorial organ and further establishes its nature, application scope, value in theory and legislation and making non-prosecution ruling rights adjust to value objective of criminal suit is the task law theoretical field is confronted with.