我国相对不起诉的性质与适用

The Property of Our Country's Not to Sue Relatively and Its Application

相对不起诉是指检察机关对犯罪情节轻微,依照刑法不需要判处刑罚或者免除刑罚的犯罪嫌疑人,依法作出不起诉决定。相对不起诉既是检察机关的权力,也是义务。我国的相对不起诉属于有罪认定,但只是控方为提前终止刑事诉讼的便宜行事,不具有终局裁判性质。相对不起诉在实践中适用比例偏低,是同我国现行司法体制直接相关的。

Not to sue relatively means the investigating and prosecuting apparatus make the decision of not to sue by law, aiming at suspect person of crime, whose the behavior of crime details is slight, not need to penalize according to the penal code penalty or of the absolution penalty. Not to sue relatively is an authority of our courtry＇s investigating and prosecuting apparatus, is also a duty. Our country not to sue relatively belongs to the guilty affirmation, but just the prosecutor＇s the convenient behaviour in order to terminate the pertaining to crime litigation in advance, don＇t have the property of endind assizes. Which not to sue relatively apply in the relative proportion in practice, is directly related to the current judicial system of our country.