试议我国暂缓起诉制度的实行与完善

On China's Suspension of the Prosecution System's Implement and Improve

近年来,随着司法理论界和实务界对国外司法的不断研究、引进、移植,暂缓起诉在我国法律实践中逐渐被引入并试行。但因为我国现行的刑事诉讼法并没有明确规定此项制度,所以我国是否应当设置暂缓起诉制度以及怎样设置合理的暂缓起诉制度等问题,引起了法学界的关注。从我国当前的实际情况看,设置暂缓起诉制度是十分必要的,但应根据我国国情对试行暂缓起诉制度加以完善。

In recent years, with justice theory and practice on the sector abroad, the administration of justice continue to study the possibility of introducing, transplantation, the prosecution suspended the practice of law in our country have been gradually introduced on a trial basis and. However, because of China＇s current Criminal Procedure Law does not clearly defined the sys- tem, so whether or not China should set up a system to suspend the prosecution, as well as how to set reasonable to suspend the prosecution of such issues as the system has given rise to jurisprudence. Learning from our analysis of the system, and improve the system put forward his own views.