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缓起诉制度作为起诉便宜主义的具体体现,它能够节约司法资源、促进犯罪人改造、实现特殊预防,故在不少国家的立法和司法实践中都得到体现。由于没有法律规定,它在我国仅存在于某些基层检察机关的试点推行中,成为司法学术界和实务界讨论的热点。文章将通过对缓起诉制度进行简介,结合我国各地试点的经验,浅谈我国缓起诉制度的设计,以期能够对缓起诉的实践起一定指导作用。
As a concrete manifestation of the prosecution of Cheap Doctrine, the system of Prosecute Prosecution can save judicial resources, promote the transformation of criminals and realize special prevention. Therefore, it is reflected in the legislative and judicial practice in many countries. In the absence of legal provisions, it has existed only in the pilot implementation of some procuratorate organs at the grass-roots level in our country and has become a hot topic discussed by judicial academics and practitioners. The article will brief on the system of prosecutions and the experience of pilots in different parts of our country, and discuss the design of the system of prosecutions in our country so as to play a guiding role in the practice of prosecutions.