暂缓起诉制度在我国的构建

The construction of deferred prosecution in China

目的刑论、刑罚个别化和诉讼经济是暂缓起诉制度的法理基础,分析学习外国刑事诉讼法普遍采用的暂缓起诉制度,对我国的刑事诉讼法建设有着重要的借鉴意义。经分析研究得出,否定论和肯定论是我国学者对于暂缓起诉制度的主要观点。暂缓起诉的适用条件、暂缓起诉的效力和暂缓起诉的制约机制应该是我国构建暂缓起诉制度时着重考虑的方面。

The basis of deferred prosecution is the principles of aim penalty, the individuality of penalty and the economy of litigation. We can draw lessons from other countries where deferred prosecution has been in legal practice such as Japan and Germany. The main argument about deferred prosecution in China is the view of negate and the view of consent. The construction of deferred prosecution in China should be in compliance with the following three aspects： application conditions, validity and supervision mechanism.