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附条件不起诉制度是刑法个别化原则在司法实践中的合理运用,是当前司法改革亟待建立的重要内容。尽管检察机关在当前法律框架下不具备适用附条件不起诉制度的权力,但附条件不起诉制度与刑法三大原则及法院定罪原则并无违背,符合法治要求之合法性。在设计上,应明确附条件不起诉制度的适用范围、运作程序及监督制约,以探索符合基层检察机关实践的制度构建。
The conditional non-prosecution system is the reasonable application of the individualized principle of criminal law in judicial practice and is an important part of the current judicial reform to be established urgently. Although procuratorial organs do not have the power to apply the conditional non-prosecution system under the current legal framework, the non-prosecution conditional non-violation system does not contravene the three principles of criminal law and the conviction of the court, and meets the legitimacy required by the rule of law. In terms of design, the scope of application of the non-prosecution conditional system of conditions, operational procedures and supervision and control should be clarified so as to explore institutional construction in line with the practice of grassroots procuratorates.