未成年人附条件不起诉的教育主义完善

The Improvement of the System of Conditional Non-prosecution of Juvenile under Education Doctrine

我国现行未成年人附条件不起诉制度以教育主义为根本导向,但我国所参照的模板大多为以诉讼经济为导向的域外缓起诉、暂不起诉等相关制度。由于与制度模板价值导向的重大区别,虽经系列改造,未成年人附条件不起诉在帮教措施、考察措施、资金保障、配套制度等方面仍有许多不足,影响了该制度教育功能的发挥。未成年人附条件不起诉制度需以教育主义为核心,通过帮教措施的运用、异议权的保护、强制手段的克制等办法进一步完善。

The system of conditional non-prosecution of juvenile in China is guided by education doctrine. However, the formwork of the system in China is almost from the related systems abroad under the guide of judicial economy, such as deferred prosecution, temporarily not to prosecute, and so on. Though much transformation has been made, because of the significant difference in guidance against the formwork of the system, the system of conditional non-prosecution of juvenile still has shortcomings in measures to help and educate, measures to inspect, financing assurance, accessory institution, etc. The ways to improving the system of conditional nonprosecution of juvenile are focusing on the education doctrine, using measures to help and educate, protecting right of appeal, restraining compulsory means, and so on.