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暂缓起诉是检察机关的一种起诉裁量权,具有节约司法资源和进行诉讼分流等作用,特别是在社会转型时期,面对我国犯罪数量逐年上升的势头,实行暂缓起诉能够合理配置司法资源和提高工作效率。目前各地检察机关纷纷进行了试点研究,但由于暂缓起诉在我国没有法律依据,因此暂缓起诉的适用引起了诸多争议。笔者认为暂缓起诉的构建对完善我国的公诉制度是极其有必要的,应当借鉴国外的暂缓起诉制度在我国构建暂缓起诉制度。
Prosecutorial Prosecution is a kind of prosecutorial discretion, which has the functions of saving judicial resources and diverting litigation. Especially in the period of social transformation, in the face of the rising number of crimes in our country, the implementation of deferred prosecution can rationally allocate judicial resources and increase Work efficiency. At present, procuratorial organs all over the country have carried out pilot studies one after another, but due to the suspension of prosecution there is no legal basis in our country, the application of the suspension of prosecution has caused much controversy. I think it is extremely necessary to set up the system of prosecution for suspension in our country to consummate the system of prosecution in our country.