论文部分内容阅读
附条件不起诉又称暂缓起诉,由于附条件不起诉制度在我国仍属一项新生制度,需要经过实践经验后再逐步推进。因此我国新修订的刑事诉讼法只规定了对未成年人案件可以适用附条件不起诉。教育和保护未成年人是国家法律确定的一项基本政策。我国在对待未成年人犯罪方面,有着各种不同但行之有效的法律制度。也由此决定了对失足的未成年人适用附条件不起诉制度必须注重与这些法律制度的统一和协调。
The conditional non-prosecution, also known as suspended prosecution, as the conditional non-prosecution system is still a newborn system in our country, need to go through the practical experience and then gradually promote. Therefore, China’s newly revised Criminal Procedure Law only stipulates that the application of conditional non-prosecution of juvenile cases can be prosecuted. Education and protection of minors are a basic policy established by national law. Our country has different but effective legal systems in dealing with juvenile delinquency. It also determines that the application of the conditional non-prosecution system to the missing minors must pay attention to the unity and coordination with these legal systems.