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法国公诉替代程序是司法实务部门为应对法庭堵塞、效率低下而创设的刑事应对机制,包括刑事和解、刑事调解、赔偿受害人损失等一系列替代措施。从司法数据看,公诉替代程序在刑事诉讼中的适用呈逐年稳步上升趋势,但也存在诸多隐忧,包括体系混乱、衔接无序、刑事处罚司法化、鼓励认罪以及权利保障不足等问题。法国公诉替代程序的演变蕴涵了近年来欧洲“自然演进型”的司法改革观,这是对传统“理性建构”的有益补充,值得关注。
The French alternative prosecution procedure is the criminal response mechanism created by the judicial practice to cope with the blockage and inefficiency of the courts. It includes a series of alternative measures such as criminal reconciliation, criminal mediation and compensating the victims for losses. Judicial data shows that the application of alternative procedure in criminal proceedings has steadily increased year by year, but there are also many hidden worries, including system chaos, disorderly connection, judicialization of criminal punishment, encouragement of pleading guilty and insufficient protection of rights. The evolution of the French alternative prosecution contains the concept of judicial reform in Europe in recent years, which is a useful supplement to the traditional “rational construction” and deserves our attention.