检察机关适用酌定不起诉情况实证研究

Practical Research on the Discretionary Non-prosecutionin of Procuratorates

酌定不起诉制度是基于起诉便宜原则而确立的,其通过对轻微犯罪进行非刑罚化的处置,适时终结已经启动的不必要的刑事追诉诉讼程序,是检察机关贯彻宽严相济刑事司法政策的重要载体。由于在法律规定、理解适用、工作机制等方面的原因,目前酌定不起诉的适用率仍然极低,在相当程度上影响到检察机关贯彻落实宽严相济刑事司法政策的效果,亟待改进与完善。

The system of discretionary non-prosecution based on the principle of discretionary prosecution usually means the non-penalization of the minor crimes by way of timely ending unnecessary criminal proceedings. And the system has been the important medium for the prosecutors to carry out the criminal justice policy of severe punishment tempered with lenience. However the low application rate of the system because of the defect legislation, the different understanding and the inappropriate work mechanism has affected the implementation of the criminal justice policy of severe punishment tempered with lenience in a large way and such system needs to be improved.