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我国在矫正越轨未成年人方面,近年来注重“教育感化”、“拯救与惩罚”相结合。附条件不起诉作为新刑诉法修改以后的亮点,在贯彻拯救和宽容、预防与矫正越轨未成年人方面做了较大努力。然而,鲜有研究对人民检察院的具体运作模式、现状、效果展开调研,从而未能及时反馈附条件不起诉的实践问题。本文通过对成都市双流区人民检察院进行实地走访调研,以检察院与社会企业共建的“亲情回归之家”为观察视角,对越轨者及其亲属进行访谈。总体来讲,双流模式所取得的成效非常显著,可借鉴的社会参与和管理经验较多。但问题在于,如何扩大未成年人不起诉中的社会参与和财政扶持,以及后续阶段如何有效地坚持恢复性司法管理措施。
In the field of correcting underapproached minors, our country has paid attention to the combination of “education and education” and “salvation and punishment” in recent years. As a bright spot after the amendment of the new Criminal Procedure Law, conditional non-prosecution has made great efforts in implementing the principle of saving and tolerating and preventing and rectifying underaged minors. However, few studies have investigated the specific mode of operation, current situation and effect of the People’s Procuratorate, thus failing to timely feedback the practical issues of conditional non-prosecution. In this paper, the people’s Procuratorate of Shuangliu District in Chengdu conducted a field visit and investigation, with the Procuratorate and social enterprises to build “family return ” as the perspective of observation, the deviant and their relatives to interview. Overall, the Shuangliu model has achieved remarkable results, with more experience in social participation and management. However, the question is how to expand social participation and financial support for minors in non-prosecutions and how to effectively persist in restorative justice management measures in the subsequent stages.