附条件不起诉制度研究

The Research on the Non-prosecution System of Additional Conditions

修改后的刑事诉讼法在未成年人刑事案件诉讼程序中规定了附条件不起诉制度,这对完善我国起诉制度、贯彻宽严相济刑事政策等有着重要的意义和价值,但现行法律规定的附条件不起诉制度还有不足之处,如适用案件范围过窄、适用程序条件不够明确等。少年司法向来是司法制度改革的先驱和前沿,刑事司法领域尤其如此。检察机关要充分发挥法律新赋予的职权,在未成年人附条件不起诉这块"试验田"上改革创新,精耕细作,探索构建出完善的未成年人附条件不起诉制度,进而推动立法扩大适用范围,逐步完善我国附条件不起诉制度。

The non-prosecution system of additional conditions is stipulated on the juvenile criminal cases in the revised Criminal Procedure Law, and this act has great importance and value on perfecting our procedure system, enforcing criminal policy of temper justice with mercy, etc. However, there＇ re many defects and shortages in the currently stipulated non-prosecution system of additional conditions, like the narrow scope of applicable cases, the uncertain applicable system condition and so on. Practices have proved that juvenile justice is always the pioneer and leading edge of the reform perfection of judicial system, especially in field of criminal justice. So, the inspection authorities should make full use of the rights given by the law to reform and innovate in the ＂experimental fields＂ of non-prosecution of additional condition for juveniles and establish a more perfect non-prosecution system of additional conditions, and make a larger applicable scope to make a more perfect non-prosecution system of additional conditions.