论暂缓起诉的理论基础

本文分两个层次论证了暂缓起诉制度的理论基础,效率价值是其直接的理论依据,暂缓起诉制度体现了'轻轻重重'的刑事政策,符合刑罚经济的思想,是诉讼程序分流的措施之一。但从更深层次分析,暂缓起诉是公诉权的表现形式。而公诉权是一种主动性的国家权力,其具体制度的采用和调整必须符合社会秩序的要求和统治阶级的利益。同时公诉权的实质性依据在于国家刑罚权,刑罚理念的发展对公诉权的行使具有理论指导意义,暂缓起诉是基于刑罚目的刑论取代刑罚报应刑论以及对刑罚功能理性认识的产物。

This paper tries to point out the.theoretic basis of the institution of postponed prosecute from two perspectives.The value of efficency is the direct reference of this institution.Besides,the postponed prosecute system is based on the criminal politique of"light and heavy",which is one of the mesures of procedural diffluence and is in coherence with the principle of penalty-economy.What’s more,the postponed prosecute is one of the demonstrative forms of the power of public pushiment.The power of public pushiment is a positive national power,which must be taken and coordinated according to the demand and the interest of predominate class.Also,the national power of criminal punishement is the fondamental reference of the power of public punishement,so that the power of public punishement is influenced by the development of thoughts of criminal punishment In conclusion,because the theory of aim of criminal punishment replaced the theory of criminal revenge and the research of the function of criminal punishment have gained some results,so that the postponed prosecute has been developping.