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《刑事诉讼法》的修改最突出的表现是增加了未成年附条件不起诉制度,在一定程度上减少了不必要的诉讼、节约了诉讼成本,同时也意味着执行矫正、挽救功能前置到了起诉阶段。附条件不起诉作为轻罪非犯罪化处理的一种替代性处理方式,符合“以人为本”现代法制理念,有利于化解矛盾、实现案件审前分流的功能,体现了我国宽严相济的刑事政策。附条件不起诉制度自提出到入法一直成为法律人所关注的焦点之一,在检察裁量权得到突显的同时充斥着对审判权的僭越的质疑声。附条件不起诉制度的设立更是对检察机关的公诉工作提出了更大的挑战,如何裁量并适用附条件不起诉将成为今后一段时间所争论的焦点问题。
The most prominent manifestation of the revision of “Criminal Procedure Law” is the addition of the juvenile conditional non-prosecution system, reducing unnecessary litigation to a certain extent and saving litigation costs, meanwhile, it also means that rectification and rescue functions are preemptively implemented Prosecution stage. Conditional non-prosecution as an alternative treatment of non-criminal treatment of misdemeanors is in line with the concept of “people-oriented” modern legal system, is conducive to resolving conflicts and realizing the pre-trial diversion of criminal cases, and reflects the criminal policy of China’s strict and conciliatory policies . Since the introduction of the conditional non-prosecution system into the law has always been one of the focuses of lawyers, it has become more and more conspicuous in prosecutorial discretion. The establishment of the conditional non-prosecution system poses a greater challenge to the procuratorial organs’ prosecution. How to measure and apply the conditional non-prosecution will become the focus of debate for some time to come.