论扩大酌定不起诉的适用范围

On Expanding the Applicable Scope of Discretional Non-prosecution

酌定不起诉制度有利于刑罚目的的实现和诉讼效率的提高,符合社会公共利益的需要。但我国现行刑诉法规定的酌定不起诉制度的适用范围过于狭窄,制约了酌定不起诉制度应有价值的发挥,应当扩大酌定不起诉的适用范围。与此同时,也应当重新构建对被害人的救济制度。

The system of discretional non -prosecution is not only beneficial to the punitive purposes and the efficiency of criminal procedure, but also accords with the needs of public welfare. But in our country, the applicable scope of discretional non- prosecution provided by criminal procedural law is so narrow that the values of the system are restrained, We should expand and perfect applicable scope of discretional non-prosecution, and accordingly reconstruct the remedial system for injured party.