附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本.docxVIP

目 录 引 言 ······································································································1 一、附条件不起诉实践运行情况 ·····································································2 （一）附条件不起诉案件的特点···································································2 （二）附条件不起诉制度的具体适用 ····························································4 （三）附条件不起诉制度的程序规范 ····························································8 二、附条件不起诉制度的实践效果 ·································································10 （一）有利于对未成年人优先保护 ······························································10 （二）有利于对“宽严相济”的贯彻·······························································11 （三）有利于化解社会矛盾········································································12 三、附条件不起诉实践运行中存在的问题························································12 （一）救济制度不完善··············································································13 （二）考察帮教机制不完善········································································13 （三）配套机制不完善··············································································14 （四）社会支持机制不完善········································································16 四、附条件不起诉制度的完善 ·······································································17 （一）完善救济制度·················································································17 （二）合理设计业务考核指标·····································································19 （三）构建完善的社会支持机制··································································20 致 谢 ··································································································22 参考文献 ··································································································23 1 附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本 引 言 新刑事诉讼法第五编特别程序中，在第一章就规定未成年人附条件不起诉制度，用 三条法律条文对此进行规定，这些法律条文规定附条件不起诉制度只能适用于未成年犯 罪嫌疑人、适用的案件范围是判处一年以下有期徒刑的轻刑案件、监督考验期限的范围 以及在设定的考察期内犯罪嫌疑人必须要遵守的条件，另外还对附条件不起诉决定的撤 销情形也作出明示。未成年人附条件不起诉制度是指对于符合法律规定的未成年犯罪嫌