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随着刑罚目的从报应刑向目的刑的转变,刑事诉讼法越来越被赋予教育、改造的功能。与刑罚发展的这一新动向相适应,减少不必要的诉讼,合理利用有限的司法资源成为各国刑事司法的一项重要任务。作为刑事诉讼改革的一项最新成果,我国不少地方基层检察院也适应这一趋势,推出了附条件不起诉制度,但因为我国刑事诉讼法缺乏相应规定,致使该制度在运行过程中出现了诸多问题,学术界围绕这一制度的存废也颇多争议。
With the change of the purpose of punishment from repaying punishment to the purpose of punishment, criminal procedure law is more and more given the function of education and reconstruction. It is an important task of criminal justice in all countries to adapt to this new trend of punishment development, reduce unnecessary litigation and make rational use of limited judicial resources. As a result of the latest criminal procedure reform, many local grassroots procuratorates also adapted to this trend and introduced the conditional non-prosecution system. However, due to the lack of corresponding provisions in China’s criminal procedure law, many problems have emerged during the operation of the system Issue, the academic circles around this system is also quite controversial.