试析我国新刑事诉讼法不起诉制度

不起诉与免予起诉的法律后果都是不受刑罚的处罚,采用的程序也基本相同,但性质和适用条件根本不同。免予起诉制度取消,有利于维护人民法院的独互审判权,有利于维护被告人获得辩护权,有利于界定程序法与实体法的关系等方面的意义和作用。同时,对新刑事诉讼法不完善之处应加以细化。

Analyze the Non-prosecution of the New Code of Criminal Procedure in our Country

The legal result of non-prosecution and exemption from prosecution are not punished by penalty and the adopted programs are just the same. But they are quite different in features and suitable condition. The abolishment of exemption from prosecution is helpful to maintaining the independent jurisdiction of the people's court, is helpful to maintaining the defendant right of advocacy and is helpful to judging the relation between the law of program and the law of entity. At the same, we can perfect "the new Code of Criminal Procedure" in detail.