试论相对不起诉及其不当性

随着相对不起诉制度于1996年在我国的确立,免予起诉制度在运行了十七年之后终被废止。该制度旨在追求司法效率,但却以牺牲司法公正为代价,不仅表现在对被害人与被不起诉人之间的保护失衡,而且存在着损害二者合法权益的隐患,甚至对检察机关与审判机关的公信力也产生了不同程度的减损。鉴于此,该制度的完善或存废问题值得我们进行深刻反思。

On Relative Nol Pros System and Its In Properness

With the establishment of relative nol pros system in china in 1996, immunity from prosecution system which was adopted seventeen years ago was abolished. The purpose of the adoption of relative nol pros system is to increase efficiency while at the cost of judicial justice. The system not only reflects the imbalance of protection between the victim and person who is spared from prosecution but also possibly damages the legal rights of the two parties. What' s more, it will also damage the public conviction to prosecutorial organization and trial organization . Due to the reasons mentioned, the issues concerning the perfection or abolishment of the system should be reconsidered.