界定附条件不起诉的适用范围,需要把握两方面因素,一是适用对象应当是构成犯罪,应受刑罚处罚的行为,二是应当是非严重性犯罪,能够排除起诉必要性的行为。借鉴域外有关制度和实践,结合我国司法实际,我国在构建附条件不起诉制度时,宜比照有关缓刑的规定,将适用范围界定为可能判处三年有期徒刑以下刑罚的案件。 The definition of the scope of application of conditional non-prosecution needs to grasp two factors. One is that the object of application should constitute a crime and should be punished by penalties. The other is that non-serious crimes should be ruled out and the necessity of prosecution can be ruled out. In reference to the relevant extraterritorial systems and practices and the judicial practice in our country, China should define the scope of application as possible punishable by three years of fixed-term imprisonment when setting up a conditional non-prosecution system.