论我国酌定不起诉制度的问题及完善

The Problems of Discretional Non-prosecution System and its Perfection

我国现行酌定不起诉制度在运行中已暴露出诸多问题,如适用法律模糊和适用率低,检察机关事前审查程序不透明、事后监督机制缺失等,在制度设计上也存在被害人及被不起诉人被侵权的可能性。但遗憾的是本次刑事诉讼法的修改并没有适时地对其加以完善,故借鉴域外的经验并结合我国自身的实际,与时俱进地完善我国的酌定不起诉制度,仍然是我们面临着的严峻考验。

There has been many dificiencies in the operation of the current discretional non-prosecution system. Such as vagne application of law and low rate of application, no transparent of prior review procedures,deletions of after monitoring mechanisams, and there is also the possibility of infring ement for victims and non-defendant ins system design However it is a pity that the Amendment to the Criminal Procedural Law are not appropriately modified and improve dem. Therefore, it is still a historic task for us to combine the overseas experience with our practical situation to perfect the discretional non-prosecution system and make it keep pace with the times.