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要求被附条件不起诉人遵守和履行一定的附加条件,是附条件不起诉不同于其他不起诉的关键因素,其意义在于对触法未成年人进行针对性教育和矫治,并以此来实现其真诚悔罪和自生复归,而不是简单的限制和约束未成年犯罪嫌疑人的自由。目前理论和实务界对附加条件的研究不够深入,对其性质、类型和功能缺乏应有的关注,这不免影响附加条件设定的合理性和有效性,进而影响附条件不起诉应有功能的发挥。基于未成年人的特殊性,附加条件应当以教育矫治为基本手段,以其顺利回归社会为目的,在具体设置附加条件时,应注意针对性和合理性。
The requirement that a non-prosecutor attached to a conditional non-prosecution comply with and fulfill certain conditions of attachment is the key factor in the conditional non-prosecution different from other non-prosecutions. Its significance lies in the targeted education and rectification of the minors who are minors and thus realize their Sincere repentance and return to life, rather than a simple restriction and restraint of minor criminal suspects freedom. At present, the theoretical and practical circles are not deep enough to study the additional conditions, and their lack of attention to their nature, type and function should not only affect the rationality and validity of the additional conditions, but also affect the non-prosecution Play Based on the particularity of minors, additional conditions should take education and correction as the basic measures and aim at their smooth return to society. When attaching specific conditions, we should pay attention to pertinence and rationality.