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经过学者、专家近年来对附条件不起诉的理论研究,司法工作人员在司法实践中的探索,我国北京、山东、浙江等省部分基层检察院实施了附条件不起诉制度,取得了法律效果和社会效果的统一。但是,这一制度还处于初创阶段,需要上升到法律的层面上,才能更好的得到实施。附条件不起诉制度是酌定不起诉制度的延伸,需要进行具体的制度设计,同时,要落实各项监督措施,使此项制度在阳光下运行。
In recent years, scholars and experts have conducted research on the theory of conditional non-prosecution and exploration of judicial staff in judicial practice. Some grassroots procuratorates in China’s Beijing, Shandong and Zhejiang provinces have implemented the conditional non-prosecution system and obtained legal effects and social The unity of effect. However, this system is still in its infancy and needs to be raised to the legal level in order to be better implemented. The conditional non-prosecution system is an extension of the discretionary non-prosecution system and requires specific system design. At the same time, various supervisory measures must be put in place to make this system operate under the sun.