重构我国不起诉制度之研究——以创新存案不起诉制度为视点

Research on the Reestablishment of Non-Prosecution System of China——From the Innovation of Non-Prosecution System of Recorded Cases Perspective

存案不起诉制度作为检察工作创新的一个方面,既是检察机关公诉裁量权的重要体现,也是检察机关在新时期职责与地位强化、提高的重要支撑点,既是宽严相济刑事政策的需要,也是实现检察机关内在价值和外在价值的统一。然而,这一制度并没有引起理论界和实务界重视,对其研究也尚处空白。伴随着被理论界所推崇的附条件不起诉在司法实务中的弊端和困境不断显现,对存案不起诉制度展开研究、构建具有中国特色的存案不起诉制度具有重要的现实意义和法律意义。

The innovation of procuratorial work has emerged from the practical needs for complying with the idea of social management innovation deeply ingrained,reinforced and implemented,which is of great significant to improve the social management innovation deeply and promote the procuratorial credibility. Recorded non-prosecution system as one aspect of procuratorial work innovation, shows the public prosecution discretion of the prosecutions, as well as an important support point that the responsibilities and position of the prosecutions to strengthen and improve in new time;not only is the need for the criminal policy of combining punishment with leniency, but also the way to unify the internal and external value of the prosecutions. However, the system has not been valued either in the theory or the practice, even the research is still blank. As the conditional non-prosecution system,praised highly by the theory, has been appearing the disadvantages and difficulties constantly in judicial practice, which is of great practical and legal significance to do the research on the recorded non prosecution system and construct the recorded non prosecution system with Chinese characteristic.