故意伤害致人轻伤案件(下称轻伤害案件)的非刑罚化处理旨在针对大量的民间纠纷引起的轻伤害案件,在符合一定条件的情况下,通过公安机关不立案、撤案处理及检察机关作出酌定不起诉决定等,使加害人免于“牢狱之灾”、被害人得到应有赔偿补偿、当事人双方的矛盾得以化解,被破坏的社会关系得以修复的效果,也即以恢复性措施代替惩罚性的手段,以期实现法律效果和社会效果的统一。对轻伤害案件的非刑罚化处理将大大节约司法资源、提高办案效率,也能使案件当事人在刑事诉讼中享有更多参与权和选择权,有效化解当事人之间的矛盾,修复破裂的社会关系。本文认为轻伤害案件的非刑罚化处理应严格限制适用范围和条件,并遵循相应的程序,并由检察机关对处理过程进行有效监督,防止权力滥用。 Intentional injury caused minor injury cases (hereinafter referred to as minor injury cases) non-penalized treatment aimed at a large number of minor injuries caused by civil disputes, subject to certain conditions, through the public security organs not to file a case, the withdrawal of the case and The procuratorial organs made discretionary decisions on non-prosecution so that the perpetrators were exempt from the “calamity of imprisonment”, the victims were entitled to compensation and compensation, and the contradictions between both parties were resolved and the destroyed social relations could be repaired Restorative measures instead of punitive means, with a view to achieving the unity of legal and social effects. The non-penalized handling of cases of minor injuries will greatly save the judicial resources and enhance the efficiency of handling cases. It will also enable litigants to enjoy more rights of participation and choice in criminal proceedings, effectively resolve the contradictions among the parties and repair the broken social relations . This paper argues that the non-penalized cases of minor injuries should be strictly limited to the scope and conditions of application, and follow the corresponding procedures, and procuratorial organs to carry out effective monitoring of the process to prevent the abuse of power.