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附条件不起诉权作为一种尚处在理论探讨中的权力构建,是检察机关自由裁量权的具体体现,其构建必须立足于体现恢复性司法的宗旨,与检察机关的权力职责相称,这样才能发挥其在构建和谐社会中的积极作用。检察机关附条件不起诉权的运用主要体现在刑事和解中,从适用范围、附带条件、运用程序等方面进行的构建,将能够有效的实现附条件不起诉权的公平性、公正性,体现其存在的意义与价值。
Conditional non-prosecutorial power as a form of power-building that is still under discussion in theory is a concrete manifestation of the discretion of procuratorial organs. Its construction must be based on the objective of restorative justice and be commensurate with the power and responsibility of procuratorial organs. Play its positive role in building a harmonious society. The application of procuratorial organ with non-prosecutorial right is mainly embodied in criminal reconciliation. The construction from the scope of application, incidental conditions and application procedures will effectively realize the fairness and impartiality of conditional non-prosecution right, Existence of meaning and value.