在宽严相济的刑事政策背景下,学界和检察机关对附条件被起诉制度积极进行了大胆而有益的探索,卓有成效,并在我国新刑事诉讼法中得以确立。本文分析了附条件不制度设立时代背景和进步性,讨论了其不如人意的地方,进而提出了在实施过程中应当注意的问题。 In the context of the criminal policy of temper justice and mercy, the academic and prosecutorial agencies have actively and boldly conducted useful and probable explorations on the conditional prosecution system, have been fruitful and have been established in our country’s new criminal procedure law. This article analyzes the background and progress of the establishment of a system of conditions and conditions, discusses its unsatisfactory place, and then puts forward some problems that should be paid attention to in the process of implementation.