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适用条件是启动未成年人附条件不起诉的前提,是检察机关适用未成年人附条件不起诉制度所应把握的尺度和标准,除法律规定的条件,还应考虑是否涉嫌构成共同犯罪、是否具有犯罪前科以及是否具备考察帮教条件等相关因素。而环节配置科学合理的程序则是适用未成年人附条件不起诉制度有效运行的保障。但现有的立法和司法解释对未成年人附条件不起诉适用程序的规定尚且比较原则,需要对从审查启动到监督制约与救济过程中各个环节进行一体化考量,使之有机衔接。
The applicable conditions are the preconditions for initiating the conditional non-prosecution of minors, and the standard and standard for procuratorial organs to apply to juvenile conditional non-prosecution systems. Apart from the conditions prescribed by law, consideration should also be given to whether they are suspected of constituting a joint crime or not Have a criminal record and whether they have the conditions to study and assist and other related factors. The links with scientific and rational procedures are applicable to minors conditional non-prosecution system to ensure the effective operation. However, the existing legislative and judicial interpretations still provide a relatively principle for the application procedure of minors’ conditional non-prosecutions. They need to take an integrated consideration of all links in the process of censorship and control and relief so as to bring them into line with each other.