从实证角度考察附条件不起诉,虽然取得了一定成效,但还存在一些困惑和难点,妨害了刑诉法有关规定的实施。依法适用、规范和推进附条件不起诉,需要正确把握和评估适用条件、合理设置附加条件和考验期限,需要建立平等适用的三级审查机制、完善考察帮教机制和监督制约程序,需要强化责任、权力、权利和以人为本意识。 Examining conditional non-prosecutions from an empirical point of view, although some achievements have been made, there are still some puzzles and difficulties that have hindered the implementation of the relevant provisions of the Criminal Procedure Law. The application, standardization and promotion of conditional non-prosecution in accordance with the law, the need to correctly grasp and assess the applicable conditions, the reasonable setting of additional conditions and the test period, the need to establish equal and applicable third-level review mechanism, improve the inspection and assistance mechanism and supervision and control procedures, Power, rights and people-oriented awareness.