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目前我国有不少地方对犯罪未成年人的处遇方法进行探索,开展了暂缓起诉、暂缓判决的试点工作,由于其与现行法律相抵触,受到的不断质疑。通过对国内外缓刑制度的比较,发现对未成年犯适用附条件有罪宣告比附条件赦免蕴涵着更丰富的价值,更有利于未成年犯重返社会;因此,建议犯罪未成年人应更多地适用附条件有罪宣告制,并对附条件有罪宣告制的设计提出了自己的一些构想。
At present, there are quite a few places in our country that have explored ways to deal with the cases of minors who have committed crimes, carried out trial work of suspending prosecutions and suspending judgments, and they have been constantly questioned due to their inconsistencies with existing laws. By comparing the probation system at home and abroad, we found that the application of conditional conviction to juvenile offenders is more valuable than the conditional amnesty, which is more conducive to the reintegration of juvenile offenders. Therefore, it is suggested that juveniles should be more Apply the conditional declaration system of guilt, and put forward some ideas for the design of the conditional guilty declaration system.