《刑事诉讼法》第271条对附条件不起诉进行了相关规定,其中,对于该制度的适用范围具有罪名和量刑的双重标准。然而,理论界和实务界对该适用范围都存在着诸多的争议,且普遍认为其范围过于狭窄。究其本质,仍然是有程序设计与刑法的衔接不当所致的。首先,其之所以这样规定,主要是基于未成年人案件发生的概率以及社会危害性或人身危险性。但笔者认为这并不能够很好地证明该罪名标准存在的意义。其次,由于其范围过于狭窄而导致该制度未能够很好的实现立法目的,并由此引发了其他相关问题。因此笔者建议将量刑作为唯一标准来代替未成年人附条件不起诉制度适用的罪名和量刑的双重标准。 Article 271 of the Code of Criminal Procedure provides for the non-prosecution of conditional non-compliance with the double standard of guilt and sentencing for the scope of application of the system. However, there are many controversies over the scope of application of the theoretical and practical circles, and the scope is generally considered to be too narrow. Investigating its essence, there is still a result of improper connection between program design and criminal law. First of all, the reason for this is mainly based on the probability of occurrence of minor cases and the danger of social or personal danger. However, I think this does not prove well the significance of the standard of guilt. Second, due to its narrow scope, the system failed to fulfill its legislative purpose very well and led to other related problems. Therefore, I propose to take sentencing as the sole criterion to replace the double standard of criminal accusation and sentencing applicable to the conditional non-prosecution of juveniles.