论起诉替代措施在我国的应用及其不足与完善

On the Application and Perfection of Prosecution Substitute Measures in Our Country

起诉替代措施是在起诉便宜主义范畴下讨论的概念和制度,是起诉便宜主义的主要体现和应有之义。起诉替代措施的运用不仅有利于保护被追诉者的人权和预防犯罪、保护被害人的合法权益;而且有利于节约司法资源、提高刑事诉讼效率;同时,由于其能较彻底的化解纠纷和解决社会冲突,因而对于当前和谐社会的构建也有一定的现实意义。当前世界大多数国家都有起诉替代措施的实践,在我国的立法及司法实践中,也存在着起诉替代措施,如酌定不起诉、公诉机关非刑罚处理方法和暂缓起诉等,但我国在这方面的做法尚显不足,应加以完善,以彰显起诉替代措施之价值。

Prosecution substitute measure is a concept and system discussed in the category of doctrine of prosecution cheapness. It＇s the main embodiment and intrinsic meaning of the doctrine of prosecution cheapness. The application of prosecution substitute measures is beneficial for protecting the human rights of the sued and victim＇s legal rights and interests, as well as preventing crimes, in addition, it can save judicature resources and enhance efficiency of criminal litigation. Meanwhile, it＇s also of certain practical significance in constructing harmonious society since it can rather completely resolve social conflicts. At present, most countries in the world has prosecution substitute measures, so does in our country＇s legislation and litigation, such as non - prosecution decided after intense deliberation, postponed prosecution and non - penalty handling ways of public security organs. However, it must be perfected to embody the value of prosecution substitute measures since there are lots of inadequacy in our country.