困境与出路:附条件不起诉适用实证分析

附条件不起诉作为未成年人刑事司法中重要的非犯罪化、非刑罚化处遇措施,在实践中应具有较高适用率。通过对东北地区检察机关实施新刑诉法的实证调研发现,附条件不起诉在实践中存在适用率低、适用对象特定、相对不起诉侵蚀附条件不起诉等问题,这些问题主要源于部分检察官司法理念落后、知识储备不足、司法体制障碍、人员配置紧张等因素。有必要强化专题法律培训,纠正检察官认识误区,消除司法体制障碍,引入社会专业机构,降低检察官工作负荷,以有效提高附条件不起诉适用率。

Dilemma and Breakthrough:The Empirical Analysis on the Rate of Conditional non-Prosecution

As the most important de-criminalized and de-penalized treatment in juvenile criminal justice, conditional non-prosecution should have a high application rate. However, it's found that there are problems in the application of conditional non-prosecution such as low rate, specific object and the erosion by relative non-prosecution through an empirical research on the three provinces in northeast China. Those problems are mainly derived from the judicial ideology backwardness, lack of related knowledge, judicial system obstacles and staff shortages among the prosecutors. In order to enhance the rate of conditional non-prosecution and bringing its function into full play, it's necessary to strengthen related law training, rectify misunderstandings, eliminate systematic obstacles and reduce workload of prosecutors.