我国附条件不起诉制度的不足与完善

The Deficiency and Perfection of Conditional Non-Prosecution System of China

附条件不起诉制度作为起诉便宜主义的产物，其出现与发展有着深厚的理论基础，对整个刑事程序的完善也大有裨益。我国各地检察机关于1992年开始了附条件不起诉的试点工作，2012年修改后的《刑事诉讼法》也正式确立了针对未成年人的附条件不起诉制度。但囿于立法、理论与实践的各种因素，现行制度的运行状况并不乐观，比如与酌定不起诉界限模糊，适用条件过于严苛，限制性义务规定粗糙，监督制约力度不足，考察帮教制度缺失等。为使该制度更好地发挥作用，保障犯罪人的合法权益，亟须进一步细化酌定不起诉与附条件不起诉的界限，扩大该制度的适用范围，细化限制性义务规定，完善监督制约机制，建立相关帮教考察制度。

Derived from the doctrine of prosecuting discretion, conditional non -prosecution system has a profound theoretical basis on its emergence and development, which is beneficial to the perfection of criminal procedures. In China, local procuratorial authorities began the pilot work of conditional non - prosecution from 1992, and the Criminal Procedure Law revised in 2012 formally established the conditional non -prosecution system. However, confined to various factors of legislation theory and practice , the running status of the current system is not optimistic. Problems gradually arose, such as the indistinct boundaries between non prosecution and conditional non prosecution, the harsh applicable conditions, the rough compulsory provisions, the insufficient supervision of investigation on help and education system and etc. In order to make the system play a better role and safeguard the lawful rights and interests of criminals, it requires the following specific measures, namely further refinement on boundaries between, expansion of the scope of application of the system, refinement of provisions of the restrictive obligations, and perfection of supervision and restriction mechanism, establishment of investigation on help and education system.