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司法实践中,对于在校大学生犯罪实行的以暂缓起诉为代表的从宽处罚实际上是法外从宽的一种具体体现。尽管这种做法得到了理论界的部分回应,但是其根本问题在于于法无据。具体而言,存在与上位法冲突、与刑事实体法相矛盾、突破我国刑事程序法的统一性和完整性以及加剧法律适用的不平等四个法律障碍。应当警惕和杜绝对在校大学生犯罪的法外从宽,对于大学生犯罪,应在法律的框架内合理解决。
In judicial practice, the leniency penalty represented by suspended prosecution for crimes committed by college students is actually a concrete manifestation of leniency. Although this approach has received some partial response from theorists, its fundamental problem lies in the fact that there is no basis for law. Specifically, there are four legal obstacles such as the conflict with the upper-level law, the contradiction with the criminal substantive law, the unity and completeness of breaking through the criminal procedural law in our country, and the inequality that aggravates the application of law. We should be vigilant and put an end to the extrajudicial crimes committed against college students and commit crimes against them should be reasonably resolved within the framework of law.