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随着我国社会经济的快速发展,特别是法治社会建设的不断完善,使得人们的法律意识逐渐的增强。近年来,国家不断的对刑事诉讼法进行修改,我国的刑法制度也得到了很大程度的完善,其中未成年人刑事司法程序也备受人们关注。未成年人附条件不起诉制度最早在德国与日本兴起,我国也经过了多年的摸索与尝试。未成年人附条件不起诉制度在一定程度上体现了文明社会应有的法律政策,有效的保护了未成年的权益,有利于未成年人的健康成长。然而目前我国未成年人附条件不起诉制度中还存在一定的问题,对我国法制社会建设具有一定的影响。本文先介绍未成年人附条件不起诉制度,分析这一制度的价值体现,并分析我国目前未成年人附条件不起诉制度中存在的相关问题,并提出有效的建议,供有关人员参考借鉴。
With the rapid socio-economic development in our country, especially the constant improvement of the construction of a society ruled by law, people’s legal awareness has been gradually enhanced. In recent years, the state has constantly revised the Criminal Procedure Law, and the criminal law system in our country has also been greatly improved. The criminal justice procedure for minors has also drawn much attention. Minority conditional non-prosecution system was first established in Germany and Japan, our country has also gone through years of exploration and try. To a certain extent, the juvenile conditional non-prosecution system embodies the due legal policies of civilized society and effectively protects the rights and interests of minors, which is beneficial to the healthy growth of minors. However, there are still some problems in the non-prosecution of juvenile conditional conditional system in our country, which has a certain impact on the construction of legal society in our country. This article firstly introduces the non-prosecution system of conditional adulthood of minors, analyzes the value of this system, analyzes the related problems existing in our country’s conditional non-prosecution system, and puts forward effective suggestions for the reference of relevant personnel.