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暂缓起诉制度作为起诉裁量主义的一种表现,已成为全球刑事诉讼法演变的新趋势,如在台湾地区法律中已有体现。而在大陆,立法赋予检察机关暂缓起诉权力的时机也已初步成熟。本文将在大陆现有实践的基础上进行总结提炼,并充分借鉴台湾地区的立法成果,为大陆暂缓起诉制度的构建提出建议。
As a manifestation of prosecutorial discretionism, the system of delaying prosecution has become a new trend in the evolution of the global criminal procedure law, as it has already been embodied in the laws of Taiwan. In mainland China, the time taken by the procuratorial organs to suspend prosecutorial powers has also come to an initial maturity. This article will summarize and refine on the basis of the existing practice in the Mainland and give full reference to the legislative achievements in Taiwan so as to make suggestions for the establishment of a system for suspending prosecution in the Mainland.