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修改后刑诉法增设了未成年人刑事案件附条件不起诉制度。这是我国法制建设进程中的一个重要创举,使附条件不起诉这一颇受争议的司法活动摆脱了“于法无据”的尴尬处境,改变了将未成年人刑事案件作为普通刑事案件对待的传统思维,体现了我国刑事立法正在逐渐由以往的严厉、机械,朝着更为文明、更为人性化的方向发展,也体现出了在惩治未成年人犯罪方面“教育为主、惩罚为辅、预防为先”的司法精神,对未成年犯罪嫌疑人的特别保护具有重要作用。但该制度在具体操作中也有许多问题值得商榷,本文将结合司法实践对该制度的进一步修订完善作一定的探讨。
The revised Criminal Procedure Law added a juvenile criminal case conditional non-prosecution system. This is an important undertaking in the process of legal construction in our country. It has freed the controversial judicial activity of conditional non-prosecution from being embarrassed by “lawlessness” and changed the criminal cases of minors as ordinary criminal matters The traditional treatment of cases reflects that criminal legislation in our country is gradually developing from a severer past to a more civilized and humane direction in the past as well as an emphasis on education in punishing juvenile delinquency , Punishment as a supplement, prevention as the first "judicial spirit, the special protection of juvenile criminal suspects plays an important role. However, there are many problems in this system that are worth discussing in the concrete operation. This article will make some discussions on the further revision and perfection of this system in the light of judicial practice.