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随着社会文明不断进步,未成年人问题逐渐成为全社会共同关注的热点问题,在全面落实依法治国基本方针的要求下,在推动建设社会主义法治国家的需求下,对未成人犯罪“教育、感化、挽救”的方针成为我国未成年人司法体系的发展方向,附条件不起诉作为我国刑事诉讼法一项创新司法制度,其应用现状及发展有必要进行总结和研究。在本文中,第一部分简要分析了附条件不起诉制度的基本概念,阐述了附条件不起诉制度在我国历史进程中的发展及变革,分析了附条件不起诉制度在我院的适用现状。第二部分主要探析附条件不起诉制度适用数量问题分析原因,为下文所阐述问题做铺垫。第三部分主要是对附条件不起诉制度能够发挥积极作用提出具体的完善构想。
With the continuous progress of social civilization, the problem of minors has gradually become a hot issue of common concern to the whole society. Under the requirement of fully implementing the basic principle of governing the country according to law and with the demand of promoting the building of a socialist country governed by the law, , Probation and Salvation "has become the development direction of the juvenile justice system in our country. With no conditional prosecution, as an innovative judicial system of criminal procedure law in our country, its application status and development are necessary to be summarized and studied. In this paper, the first part briefly analyzes the basic concept of the conditional non-prosecution system, expounds the development and reform of the conditional non-prosecution system in the historical process of our country, and analyzes the status quo of the application of conditional non-prosecution system in our hospital. The second part mainly analyzes the reason why the number of conditional non-prosecution system is applicable, paving the way for the problems described below. The third part is mainly to put forward the specific and perfect ideas on the positive non-prosecution system.