暂缓起诉目前在世界许多国家,如日本、德国、美国等都有明文规定并得到广泛应用,通过审判前对刑事案件的分流,节约诉讼资源,更有利于刑罚目的的实现。我国刑事诉讼法没有规定暂缓起诉制度,但在近年来的在法律实践中,北京、南京等地的检察机关对未成年犯罪、大学生犯罪中采取暂缓起诉的做法,取得了良好的效果。因此,从刑事实体、诉讼程序和司法实践的角度来论证我国构建暂缓起诉的可行性具有重要意义。 At present, many countries in the world, such as Japan, Germany and the United States, have clearly stipulated and been widely used to ease the prosecution. By diverting criminal cases before the trial, litigation resources are saved and it is more conducive to the realization of the purpose of punishment. However, in recent years, in the practice of law, the procuratorial organs in Beijing and Nanjing have achieved good results in the practice of suspending prosecution for juvenile delinquency and college student crimes. Therefore, from the perspective of criminal entities, litigation procedures and judicial practice, it is of great significance to demonstrate the feasibility of building a moratorium on prosecution in our country.