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随着相对不起诉制度于1996年在我国的确立,免予起诉制度在运行了十七年之后终被废止。该制度旨在追求司法效率,但却以牺牲司法公正为代价,不仅表现在对被害人与被不起诉人之间的保护失衡,而且存在着损害二者合法权益的隐患,甚至对检察机关与审判机关的公信力也产生了不同程度的减损。鉴于此,该制度的完善或存废问题值得我们进行深刻反思。
With the establishment of the system of relative non-prosecution in our country in 1996, the system of immunity from prosecution was abolished after it was operated for 17 years. The system aims at the pursuit of judicial efficiency, but at the expense of judicial justice, not only in the protection of the victim and the non-prosecutor between the unbalanced, and there is the potential damage to the legitimate rights and interests of both, and even the prosecution and trial The credibility of the authorities also produced varying degrees of derogation. In view of this, the perfection of the system or the issue of its existence and waste deserve our deep reflection.