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取消免予起诉制度,扩大不起诉的范围是1996年刑事诉讼法修改的重要成果之一,其亮点是确立了存疑不起诉制度。该制度因直接关系着无罪推定刑事诉讼基本原则及其诉讼价值的实现,而备受学者和实务工作者的关注。但是修改后的刑事诉讼法实施近十年来的司法实践表明,存疑不起诉制度尚存在不少问题。文章试从存疑不起诉制度的理论基础入手,分析其诉讼价值,结合其立法上的不足与司法实践中的问题,展开论述,找出对策,以期在刑事诉讼法的再修改中加以完善。
The abolition of the system of exemption from prosecution and the expansion of the scope of non-prosecution are one of the important achievements of the revision of the Criminal Procedure Law in 1996. The highlight is the establishment of the system of doubtful prosecution. The system is directly concerned with the presumption of innocence of the basic principles of criminal procedure and the value of its litigation, and scholars and practitioners are much concerned about. However, the judicial practice in the past 10 years following the implementation of the revised Criminal Procedure Law shows that there are still many problems in the system of doubts and non-prosecutions. The article attempts to start with the theoretical basis of the system of doubtful prosecution, analyze the value of the lawsuit, combine its legislative deficiencies and problems in judicial practice, discuss and find out the countermeasures so as to improve it in the revision of criminal procedure law.