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本文分两个层次论证了暂缓起诉制度的理论基础,效率价值是其直接的理论依据,暂缓起诉制度体现了“轻轻重重”的刑事政策,符合刑罚经济的思想,是诉讼程序分流的措施之一。但从更深层次分析,暂缓起诉是公诉权的表现形式。而公诉权是一种主动性的国家权力,其具体制度的采用和调整必须符合社会秩序的要求和统治阶级的利益。同时公诉权的实质性依据在于国家刑罚权,刑罚理念的发展对公诉权的行使具有理论指导意义,暂缓起诉是基于刑罚目的刑论取代刑罚报应刑论以及对刑罚功能理性认识的产物。
This article demonstrates the theoretical basis of the system of detention prosecution in two levels. The value of efficiency is its direct theoretical basis. The system of detention prosecution reflects the criminal policy of “light and heavy”, which is in line with the idea of penalty economy and is the shunt of litigation procedure One of the measures. However, from a deeper analysis, the suspension of prosecutions is the manifestation of public prosecution rights. The public prosecution right is a kind of initiative state power. The adoption and adjustment of its specific system must conform to the requirements of social order and the interests of the ruling class. At the same time, the substantive basis of the right of public prosecution lies in the right of the state penalty. The development of the concept of penalty has theoretical significance for the exercise of the right of public prosecution. The suspension of prosecution is the product of the penalty theory based on the penalty theory and the rational recognition of penalty function.