法治思维视野下完善未成年人附条件不起诉之探讨

Disscussion about the Improvement of Juvenile Conditional Non-prosecution on the Perspective of the Rule of Law

自新刑事诉讼法修改以来,附条件不起诉工作取得了新的长足进步,但实证调查显示总体适用率偏低、适用罪名狭窄、配套机制不完善、考核激励不科学等问题的存在降低了制度的应然效果。对此,检察机关应以法治思维为统领,自觉转变执法理念,探索更具操作性的未成年人附条件不起诉制度运作模式,推进这项工作的健康发展。

Since the new Criminal Procedure Law has been amended,new great progress on conditional nonprosecution work has been made,but the investigation shows such problems as the overall application rate is low,the application of the accusations is narrow,the supporting mechanism is imperfect,and so on. In this regard,the people＇s procuratorate should take the rule of law as a guide,consciously change the concept of law enforcement,and explore more operational mode of operation of conditional non-prosecution system for the development of juvenile delingquency prevention work.