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宽严相济的刑事政策在我国刑事诉讼法规定的审查起诉程序中的体现主要是不起诉制度的适用。我国刑事诉讼法规定的审查起诉程序中与宽严相济刑事政策的基本精神不相吻合之处主要是:法定不起诉的适用范围不够周全、酌定不起诉的适用条件比较模糊、对如何理解证据不足不起诉存在分歧、不起诉制度的适用程序过于繁琐等。建议放宽不起诉制度的适用范围和条件、将刑事和解制度法制化、取消不科学的检察业务考核指标等以重构我国的审查起诉程序。
The criminal policy of temper justice and mercy is embodied in the review and prosecution procedure stipulated in the Criminal Procedure Law of our country mainly because of the non-prosecution system. The main inconsistencies in the procedure of review and prosecution stipulated in the Code of Criminal Procedure of our country are basically that the applicable scope of statutory non-prosecution is not comprehensive and the applicable conditions of discretionary non-prosecution are ambiguous and there is not enough evidence on how to understand the evidence There are differences in non-prosecution, non-prosecution system is too complicated procedures and so on. It is suggested to relax the scope and conditions of the non-prosecution system, legalize the criminal reconciliation system and abolish unscheduled procuratorial business assessment indicators to reconstruct our country’s review and prosecution procedures.