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由于目的刑和起诉便宜主义的兴起和发展,人们不再一味地追求报复的绝对公正,而是在惩罚犯罪的同时兼顾未来的预防。暂缓起诉正是在这样的理论背景下得到了广泛的发展。目前为止我国还未有一部正式的关于建立暂缓起诉制度的法律出台,但司法实践中地方检察机关纷纷开始暂缓起诉制度的试点工作,这说明我国司法实践其实对暂缓起诉制度是有需求的。据此原因,本文将从我国的刑事政策,司法运作方面探讨我国建立暂缓起诉制度的必要性。
Because of the rise and development of the purpose of punishment and the prosecution of cheap doctrine, people no longer blindly pursue the absolute fairness of retaliation, but punish the crime while taking into account the future of prevention. It is against this background of law that suspension of prosecution has been widely developed. So far our country has not yet had a formal law on setting up a system for suspending prosecution. However, in the judicial practice, local procuratorates have started the trial of suspending the prosecution system. This shows that our judicial practice actually needs the system for suspending prosecution. For this reason, this article will explore the necessity of setting up a system of suspension of prosecution from the aspects of criminal policy and judicial operation in our country.