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随着我国经济快速发展,未成年犯罪逐渐增多,怎样为未成年犯提供健全的司法保护,促进未成年人的健康发展和社会和谐,成为日益严重的问题摆在我们面前。未成年人的司法保护特别是刑事诉讼过程中的保护需要建立一套有别于成年人的刑事诉讼制度,目前我国试点展开的暂缓起诉、暂缓判决、暂缓刑罚取得一定成效。文章从缓诉、缓判、缓刑三方面论证了该制度实行的作用和意义,得出了“三缓”制度实施是可行的和必要的结论,并结合“三缓”制度可能存在的缺陷加以完善,以对未成年人提供与其相适应的保护制度,促进未成年犯的健康成长。
With the rapid economic development in our country, the number of juvenile delinquencys has gradually increased. How to provide juvenile criminals with sound judicial protection, promote the healthy development of juveniles and social harmony have become increasingly serious problems for us. Judicial protection of minors, especially in the process of criminal proceedings, requires the establishment of a system of criminal procedure that is different from that of adults. At present, China’s trial has been suspended for prosecution, suspended judgments, and the suspension of the punishment has achieved some success. The article demonstrates the function and significance of the implementation of the system from the three aspects of slow prosecution, slow sentencing and suspended punishment, and concludes that the implementation of the “three retreat” system is feasible and necessary conclusion, combined with the possibility of “three retreat” system The existing defects should be perfected so as to provide minors with appropriate protection systems to promote the healthy growth of juvenile delinquents.