附条件不起诉制度实施状况研究
何挺附条件不起诉制度实施状况研究
Empirical Study on the Implementation of Conditional NonProsecution
期刊名称：《法学研究》
期刊年份：
作者：何挺
单位：北京师范大学刑事法律科学研究院；北京师范大学未成年人检察研究中心
中文关键词：附条件不起诉；少年司法；实证研究
英文关键词：conditional nonprosecution, juvenile justice, empirical study
中文摘要：
附条件不起诉制度为涉罪未成年人提供了新的审前转处与非犯罪化途径，其实施状况也是观察我国少年司法发展进程和不起诉裁量权运用的重要参照。对2013—2017年全国和部分地区相关数据的考察发现，虽然附条件不起诉的适用增长显著，但总体适用范围仍然过窄、适用数量较低且地区间差异较大。对少年司法发展程度不同的四省市八个基层地区进行实地调查，运用阅卷和访谈等方法进行研究，呈现了附条件不起诉在适用条件与影响因素、监督考察、附带条件与撤销等四个方面的实施状况及存在的问题。对于这些问题需要通过修改法律、完善司法、转变观念、完善政策保障以及培育社会支持体系等予以应对。
英文摘要：
Conditional nonprosecution (CNP) provides a new approach to pretrial diversion and noncriminalization of juvenile offenders. The implementation status of CNP is a significant indicator of the development of juvenile justice and application of nonprosecution discretion in China. An analysis of national and some regional data from 2013 to 2017 shows that, although there is a significant increase in CNP and in the rate of pretrial diversion of juvenile offenders in the five years of the application of the system of CNP, this system is still faced with many problems, such as narrow scope of application, insufficient number of cases, unstable application, and imbalance between different regions. Field investigations carried out in eight grassroots regions of four provinces with different levels of development using such data collection methods as case files review and depth interview have revealed the situation of, as well as the existing problems in the concrete application of CNP in the following aspects. Problems with the scope of application and influence factors mainly include narrow scope of applicable crimes, unclear relationship between CNP and discretional nonprosecution in juvenile cases, and influence of such objective factors as juvenile offenders’ connection with the location of crime, the development of the social support system and indicators for the evaluation of procurator’s performance on the decision of whether or not to apply CNP. Problems with supervision and evaluation mainly include single method, insufficient social participation, absence of synergy between various subjects, and lack of flexibility in the application of time limits as well as disciplinary measures against violations. And problems with incidental conditions mainly include misunderstanding of their nature, low degree of individualization and pertinence, weak application, and insufficient supervision over the implementation. Corresponding measures for improving the CNP system include revision of legislation, improvement of judicial operation, updating of ideas, policy safeguard and cultivation of social support.
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