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刑罚个别化不仅是刑罚制度的一项基本原则,而且也是现代刑事政策的重要内容。行使求刑权的检察机关在决定是否起诉时应贯彻这一原则。我国现有的不起诉制度没有充分体现刑罚个别化原则,已经不适应刑罚观念的发展。我国的不起诉制度从刑事政策的角度来看,不仅应扩大酌定不起诉的适用范围,而且应设立暂缓起诉制度,以使其与刑事实体理论的发展相适应。
The individualization of punishment is not only a basic principle of punishment system, but also an important part of modern criminal policy. The procuratorial organs exercising the power of execution should apply this principle in deciding whether to prosecute or not. The existing non-prosecution system in our country did not adequately reflect the principle of individualization of punishment and has not adapted to the development of the concept of punishment. From the perspective of criminal policy, the non-prosecution system in our country should not only expand the scope of discretionary non-prosecution, but also set up a system of suspension of prosecution in order to adapt it to the development of criminal substantive theory.