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随着附条件不起诉制度在我国新刑事诉讼法中的确立,附条件不起诉制度再次在学术界和实务界引起了广泛关注,在这种时代背景之下,本文也根据最新修订的刑事诉讼法的相关规定,围绕附条件不起诉制度的适用主体、适用范围和适用考察三个方面进行研究。通过研究发现,立法者在附条件不起诉制度上采取了谨慎的态度,严格限制了附条件不起诉制度的适用范围。本文同时认为,随着我国法治环境的不断改善,公民权利意识的提升和司法制度的完备,附条件不起诉制度将会在不远的将来发生质的飞跃,以更好地服务于我国的法治建设。
With the establishment of conditional non-prosecution system in our country’s new criminal procedure law, conditional non-prosecution system has aroused widespread concern in academia and practice. Under this background, this article also based on the newly revised criminal procedure Law of the relevant provisions around the conditional non-prosecution of the applicable subject, the scope and application of the study of three areas. Through the research, we find that the legislators adopted a cautious attitude in the non-prosecution conditional system and strictly restricted the scope of the non-prosecution conditional system. This article also believes that with the continuous improvement of the rule of law in our country, the promotion of civil rights awareness and the completeness of the judicial system, the conditional non-prosecution system will make a qualitative leap in the near future in order to better serve the rule of law in our country Construction.