暂缓起诉制度之比较与评析

暂缓起诉作为起诉便宜主义的一种表现形式在世界各主要发达国家得以建立。比较德、日、美三国暂缓起诉制度,发现三国在暂缓起诉的适用范围、考验期、本国国民对这一制度的接受程度以及对暂缓起诉的监督和制约四个方面存在着一些差异。造成这些差异是因为三国的法律传统、诉讼理念等存在较大区别。我国目前的司法形势与日德两国暂缓起诉制度得以实行的司法形势有相似之处,因而我国应当在考虑自身法律传统、诉讼理念的基础上确立暂缓起诉制度,扩大检察机关裁量不起诉的适用范围。

A Comparison and Analysis of the System of Prosecution Postponement

As one manifestation of the doctrine of prosecuting discretion,prosecution postponement has been initiated in major developed countries throughout the world.After comparing the systems of prosecution postponement in Germany,Japan and the U.S.,the author finds that the area of application,probationary period,people's acceptance of such a system and the supervision of such a system vary in these three countries.The reasons of these differences lie in the differences in these three countries such as their legal traditions and concepts of prosecution.The current judicial practice in China is very similar to that of Japan and Germany just before the execution of the system of prosecution postponement.Considering our own legal tradition and concept of prosecution,a system of prosecution postponement should be worked out in China so as to extend the area of application in discretionary nos pros.