不起诉若干问题研究

我国不起诉制度自修正后的刑事诉讼法实施以来获得了长足的进展 ,但也存在着一定的问题 :不起诉的理论分类不清 ;不起诉的效力范围不确定等。我国不起诉监督制约机制应当在全面考虑被害人利益与被不起诉人利益、平衡检察机关的追诉权与当事人诉讼权利的前提下予以重新构建。

Several Issues on the Non-Prosecution System

Since the revision of Chinese Criminal Procedure Law, the system of non-prosecution has been rapidly developed, however, there are still some drawbacks, e.g., the ill-defined theoretical classification of the system, the uncertain validity of non-prosecution, and so on and so forth. It is suggested that the supervision system of non-prosecution in China be rebuilt under the precondition of an overall assessment on the interests of the victim and the non-prosecuted person, and a balance between the prosecution power of procuratorates and the litigious rights of the parties.