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随着被害人运动高涨与被害人学勃兴,被害人主体地位得到提升、被害人话语权得以确立。而附条件不起诉作为国外司法界近年的新兴实践,也因其功效显著、价值多元而逐入国人视野。怎样使其植根中土,实现与社会主义“人本”思想的契合?笔者拟从被害人保护视角切入,关注补偿与修复,探讨中国语境下的附条件不起诉制度构建,以期为刑事纠纷解决贡献微薄之力。
As the movement of victims and the victimization boom, the subject status of victims is improved, the victim’s right to speak was established. Conditional non-prosecution, as an emerging practice in the judiciary in foreign countries in recent years, has also entered the field of vision because of its remarkable effectiveness and diversified values. How to make it rooted in the soil, and achieve the socialist “people ” thinking fit? I intend to cut from the perspective of victim protection, attention to compensation and repair, to explore the conditions of non-prosecution in China under the conditions of construction, with a view to Criminal dispute resolution contributed meager power.