论文部分内容阅读
此次修正刑事诉讼法,对起诉制度作了重要修改。主要表现在以下几个方面: 一、扩大不起诉范围,取消免予起诉 长期以来,我国法学界和司法实务部门对免予起诉存在不同看法,基本分肯定与否定两大观点。在此次修改刑事诉讼法的过程中,免予起诉的存废依然是争论的热点问题。免予起诉的实质是未经法院审判而由公诉机关对被告人定罪,不符合现代法制原则,不符合人民法院统一
The amendment of the Criminal Procedure Law made major changes to the prosecution system. Mainly in the following areas: First, to expand the scope of non-prosecution, to cancel the exemption from prosecution For a long time, our jurisprudence and judicial practice departments have different views on immunity from prosecution, the basic points of affirmation and denial of two major points. In the course of the revision of the Criminal Procedure Law, the exemption from prosecution is still the focus of controversy. The essence of exemption from prosecution is that the prosecutorial organ did not convict the defendant without trial of the court and did not conform to the principle of modern legal system and did not conform to the unification of the people’s court