附条件不起诉考察制度的构建探析——在《刑事诉讼法》修正案和比较法研究双重视角下

The Research of Construction of Inspection System of Non-prosecution of Additional Conditional——in the Double Perspective of Criminal Procedure Law Amendment and Comparing Analysis of Foreign Related System

2012年初,《刑事诉讼法》修正案正式通过,附条件不起诉制度在我国刑事诉讼程序中获得正式确认。但修正案中就附条件不起诉制度仅做了原则性规定,尚需由最高人民检察院制定细则予以规范。文章试图对附条件不起诉制度中的考察制度进行探讨,通过与德国、日本、美国、我国台湾地区等近似制度的比较分析,从考察的主体、内容、期限、配套机制及处理结果等方面,大胆提出考察制度架构的设想,以为在实践中规范适用附条件不起诉制度提出建议。

At the beginning of 2012,＂ Criminal Procedure Law＂ amendment got through, the institution of non-prosecution with additional conditional has been approved in the criminal procedure of our country. However, the amendment only has general and principle provision for non-prosecution with additional conditional, which need to be detailed, regulate by the Supreme People＇s Proeuratorate. This paper tries to discuss the inspection system of non-prosecution with additional conditions and compare the similar institutions of Germany, Japan, the United States and Taiwan region of our country so as to puts forward a tentative idea of inspection system of non-prosecution with additional conditions from main body, content, duration, supporting mechanism and treatment results and other aspects, in order to provide suggestions for the Standard application of inspection institution of non-prosecution with additional conditions.