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相对不起诉制度是我国刑事诉讼的基本制度之一,也是现代法治国家根据起诉便宜主义刑事诉讼理念确立的基本制度,该制度赋予了国家刑事控诉机关一定的自由裁量权。本文认为在讲求刑罚个别化、轻刑化和刑罚非犯罪化的今天,一方面要控制犯罪、惩罚犯罪,另一方面,要体现对人权的保障,对诉讼效益的追求,同时,还不能放纵检察官对自由裁量权的滥用。尤其是在我国现行情况下,各项刑事司法制度愈来愈向国际司法准则靠拢,而相对不起诉制度不管是从立法还是从司法实践来看都存在缺陷。因此,对相对不起诉制度予以反思,发掘其价值,实用于法治,不仅理论上十分必要,实践中也势在必行。
The system of relative non-prosecution is one of the basic systems of criminal proceedings in our country. It is also the basic system established by modern law-ruled countries in accordance with the concept of criminal suit for the prosecution of cheap doctrine. This system gives the state criminal prosecutor a certain discretion. This paper holds that today, while emphasizing the individualization of punishment, light punishment and the non-criminalization of punishment, on the one hand, it is necessary to control crime and punish crime; on the other hand, it is necessary to embody the protection of human rights and the pursuit of the benefits of litigation. Prosecutors abuse of discretion. Especially in the current situation of our country, the criminal justice systems are getting closer to the international judicial standards. However, the relative non-prosecution system is deficient both in legislation and judicial practice. Therefore, it is not only theoretically necessary but also imperative in practice to reflect on the system of non-prosecution, explore its value and apply it to the rule of law.