理性的僭越

南京市浦口区检察院推出大学生犯罪暂不起诉的规定在社会上引起轩然大波。暂不起诉缺乏法律依据,违背法律的平等原则,侵犯了审判权,可能造成"优势阶层",从而增加社会不平等现象,它是对法律的僭越。但是在这种僭越中,也隐藏着可以为刑事法治所借鉴的合理因素。

Rational Arrogation

After the procuratorate of Pukou District in Nanjing city announced the precautionary and implementary opinions about undergraduate crime,which is so called"undergraduate exempt from prosecution for now",it gives an impact to society at once.It is obvious to lack logic bases,violate the principle of legal equality,infringe judicial power,and cause to form prerogative estate,so it is an arrogation to law.However,some human warmth as well as reasonable ingredient is hid in it.