未成年人犯罪裁量不起诉制度探析——从合肥市未成年人犯罪案件现状谈起

对未成年人犯罪适用不起诉制度,符合刑法的谦抑原则,契合了教育刑的要求.适用裁量不起诉制度应符合犯罪的法定条件.同时,行为人的主观恶性不深,有认罪悔罪表现;具备一定的监护条件和社会帮教条件.裁量不起诉制度的适用,实现了宽与严的有机统一和良性互动,是实现控制犯罪与保障人权效果最优化的保证.

A Probe into the System of Prosecutorial Discretion of Delinquency

The system of prosecutorial discretion of delinquency is line with the theory of "ultima ratio of penalty",and conforms to the request of educational punishment,whose application should accord with the lawful condition of crime.At the same time,the delinquence has not deep subjective malignancy,has acknowledged the guilt and has repented,which meets certain guardianship requirement and the social organization condition.We can say that,the application of the system has realized the organic unification and the benign interaction between justice and mercy,and is the guarantee of realizing the most effective control of crime and safeguard human rights.