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附条件不起诉制度作为一种新的制度,在新修订的刑诉法中予以确立。其与相对不起诉都是检察机关自由裁量权的一种表现形式,起源于起诉便宜主义。但是两者之间在适用对象、条件上又有诸多差异。附条件不起诉制度在实践中运用,必须要通过承办人审查、监督考察和最终决定等几个流程。此外,附条件不起诉制度在适用条件、范围、监督机制等方面存在问题,如何完善这些问题对正确适用该制度具有重要的意义。
As a new system, the conditional non-prosecution system is established in the newly revised Criminal Procedure Law. Both the prosecution and the non-prosecution are the manifestations of the prosecutorial discretion, which originated from the prosecution of cheap doctrine. However, there are many differences between the two in the application of the object. The application of the conditional non-prosecution system in practice must be checked by the contractor, supervised by the inspection and final decision, and several other processes. In addition, the system of conditional non-prosecution has some problems in terms of applicable conditions, scope and supervisory mechanism. How to perfect these issues is of great significance to the correct application of the system.