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暂缓起诉制度作为一种刑事分流程序,是检控机关行使自由裁量权的体现,具有暂时性和不确定性。构建暂缓起诉制度,有助于弥补现有刑事不起诉规定的缺陷,改善司法资源的日渐不足的现状。它迎合了刑法目的刑理论的要求,在本质上并不侵犯审判权,并在和谐语境下符合我国宽严相济的刑事政策。然而,由于暂缓起诉存在先天的弊端,在具体的制度构建中就需要理性规制,加强各方面的制约力量的配置,从而避免权力不受控制地被误用或滥用。
As a kind of criminal diversion procedure, the suspension of prosecution system is a manifestation of prosecutors’ exercise of discretion, which is temporary and uncertain. The establishment of a system of detention prosecution will help to make up for the shortcomings of the existing criminal prosecution provisions and improve the increasingly inadequate judicial resources. It caters to the criminal theory of the purpose of the criminal law requirements, in essence, does not infringe on the right to trial, and in a harmonious context in line with China’s criminal policy of temper justice. However, due to the innate drawbacks of delaying prosecution, rational regulation needs to be established in the construction of a specific system to strengthen the disposition of the controlling forces in all aspects so as to prevent the power from being misused or abused uncontrollably.