论附条件不起诉

附条件不起诉作为轻罪非犯罪化处理的一种起诉替代措施,具有有效化解刑事纠纷、实现审前程序分流的功能。德国、我国澳门及台湾地区刑事诉讼法都规定了完全意义上的附条件不起诉制度,我国增设该制度既有必要性又具可行性,应当借鉴域外的共同作法,构建适合我国国情的附条件不起诉制度。

Non - prosecution of Additional Conditions

As a substitutive system of prosecution, non- prosecution of additional conditions can dissolve the criminal dispute effectively, and realize the function which shunt the procedure before try. Germany, our country Macao and Taiwan criminal procedure law stipulate non - prosecution of additional conditions system from complete meaning, Our country has a necessity and also has feasibility to set up this system, we should draw lessons from the overseas common way of doing things, Construct non- prosecution of additional condition system which suitable to our national conditions.