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相对不起诉其本质是一种司法转处,一种诉讼分流,是起诉法定主义和起诉便宜主义相互影响产生的产物。其适用条件有两个,但是在现行刑事法律中没有具体的标准,因而容易产生误解甚至滥用。针对这一问题,笔者在文章中着重从相对不起诉的适用范围入手,对相对不起诉的适用条件和存在问题略作探究,同时提出几点优化方案。
The relative non-prosecution of its essence is a judicial transfer, a litigation diversion is the product of the interaction between the prosecution of legal doctrine and the prosecution of cheap doctrine. There are two conditions for its application. However, there are no specific standards in the current criminal law, which are easily misunderstood and even abused. In response to this problem, the author focuses on the application of the relative non-prosecution from the start, the relative conditions of non-prosecution of the applicable conditions and existing problems slightly explore, at the same time put forward some optimization programs.