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在刑事诉讼法修改的大背景下,附条件不起诉制度从司法实践走向了立法进程并最终得以确立。该制度赋予了检察机关较大的不起诉裁量权,但未在适用程序、监督制约机制等方面进行明确细化的规定,亟需检察机关在实践应用中逐步摸索建立配套的执法机制。本文从检察视角解读附条件不起诉制度的立法规定,分析附条件不起诉的适用条件,探讨制度实施所面临的问题,并结合检察工作实际,给出对策建议。
Under the background of the amendment of criminal procedure law, the non-prosecution conditional prosecution system went from judicial practice to legislative process and finally was established. The system gives the procuratorial organs a larger discretionary power of non-prosecution, but does not carry out clearly defined provisions in terms of application procedures, supervision and control mechanisms, and urgently needs the procuratorial organs to gradually explore and establish an appropriate law enforcement mechanism in practice and application. This article analyzes the legislative provisions of conditional non-prosecution system from the perspective of prosecution, analyzes the applicable conditions of conditional non-prosecution, discusses the problems faced by the implementation of the system, and gives countermeasures and suggestions according to the actual procuratorial work.