论文部分内容阅读
20世纪60年代以后,世界各国都面临着司法资源的严重不足与犯罪率不断上升的矛盾。另外受非犯罪化、轻刑化等刑事政策的影响以及保障人权的要求,原来的起诉法定主义已经不再适应追诉犯罪的需要,起诉便宜主义应运而生。本文针对起诉便宜主义产生的理论基础进行了初步的探讨。
Since the 1960s, all countries in the world are confronted with the serious contradictions between the serious shortage of judicial resources and the rising crime rate. In addition, due to the influence of criminal policies such as non-criminalization and light punishment and the requirement of safeguarding human rights, the original legalism of prosecution no longer meets the need of prosecuting crime. The prosecution of cheapism came into being. In this paper, a preliminary discussion is made on the theoretical basis for the prosecution of Cheap Doctrine.