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在当今世界各国的刑事诉讼理论中,诉讼经济原则、诉讼效率原则被普遍重视,刑事不起诉制度作为体现这一原则的主要制度也越来越被看重。世界各国在起诉问题上的基本立场,分为起诉法定主义和起诉裁量主义两种,而起诉法定主义逐渐被起诉便宜主义所取代。我国作为典型的法定起诉主义国家,借鉴法制发达国家的经验,从而对我国的不起诉制度进行完善是十分必要的。
In the criminal litigation theories of all countries in the world today, litigation economy principle and litigation efficiency principle are generally valued, and the non-prosecution system as the main system embodying this principle is more and more valued. The basic standpoints of the countries in the world on the issue of prosecution fall into two categories: prosecution of statutory doctrine and prosecution of discretionary doctrine, while the prosecution of legal doctrine has gradually been replaced by the prosecution of cheap doctrine. As a typical legal prosecutorial country in our country, it is very necessary for our country’s non-prosecution system to be improved by drawing on the experience of developed countries.