论文部分内容阅读
在审查起诉阶段设立退回补充侦查制度是为了查明案件真实,实现案件从事实到证据的法律转化。但制度设计和实际操作中所体现的功能并不十分吻合。退回补充侦查制度有它的合理性和必要性,但在操作中其功能发生了不可忽视的异化。异化的原因已经超越了制度本身,在案件的分流环节才是问题产生的根本原因。对此有针对的借鉴外国刑事诉讼领域的相关制度,构建符合我国国情的起诉犹豫制度。
The establishment of the system of the supplementary examination of refunding during the stage of review and prosecution is to find out the truth of the case and to realize the legal conversion of the case into evidence. However, the functions embodied in the system design and actual operation are not very consistent. It is reasonable and necessary to return the supplementary investigation system, but its function has been neglected altogether in the operation. The reason of alienation has gone beyond the system itself, and the root cause of the problem is the diversion of cases. In this regard, we can draw lessons from the relevant systems in the field of foreign criminal lawsuits and construct a system of prosecution hesitation in line with China’s national conditions.