未成年人附条件不起诉制度的实践困境与理论进路

Practical Dilemma and Theoretical Improvement on Juvenile Conditional Non-Prosecution System

未成年人附条件不起诉纳入法律轨道之后,理论界多侧重于研讨立法的不足及完善之策;实务界则侧重于附条件不起诉的制度创新。两者虽都是向善的目标,但相互间对问题的认识并未对接。实际上,未成年人附条件不起诉制度,既没有理论者言说的那么多问题,也没有实践者制度创新的那么完美,问题关键在于,如何将未成年人附条件不起诉制度落到实处;如何融社会各方力量共同参与以助推该制度的演进。

After juvenile conditional non-prosecution system was incorporated into the legal system, the theoretical and practical circles go to two different directions. The former is holding high the great banner of justice to criticize the weaknesses of legislation and yell for the suggestion to perfect them, while the latter is keen to the systematic innovation of conditional non-prosecution system. Although both circles have a common goal for good, they are going totally different ways. Juvenile conditional non-prosecution system actually does not have so many weaknesses as the theorists allege and is not so perfect as the practitioners boast. The key issue is how to put juvenile conditional non-prosecution system into practice. The juvenile conditional non-prosecution system eventually cannot overcome the inherent weakness of human being. Therefore, if we expect to put this system into practice, all social organizations should make a concerted effort to do so.