核准追诉制度中实体标准适用问题研究

Research on the Application of Substantive Standards in the System of Approval and Prosecution

摘要: 低龄未成年人核准追诉制度以特别残忍手段、情节恶劣为核心实体追诉门槛，现行立法与司法解释未对上述标准作出细化界定，导致司法适用面临双重困境：一是“特别残忍手段”的认定在客观外观标准与主观评价标准之间摇摆，标准模糊且裁量空间过大；二是“情节恶劣”常与“手段残忍”混淆适用，被简化为手段残忍的附属评价，丧失独立审查功能。本文立足规范解释与司法适用逻辑，厘清两大实体标准的规范内涵与界分标准，提出可操作的认定规则与审查路径，完善低龄未成年人核准追诉实体标准的适用体系。

Abstract: The approval prosecution system for young minors takes “especially cruel means” and “egregious circumstances” as the core substantive prosecution thresholds. The current legislation and judicial interpretations do not define the above standards in detail, resulting in double dilemmas in judicial application: first, the determination of “especially cruel means” oscillates between objective appearance standards and subjective evaluation standards, with vague standards and excessive discretion; second, “egregious circumstances” is often confused with “cruel means”, which is simplified as an auxiliary evaluation of cruel means and loses its independent review function. Based on the logic of normative interpretation and judicial application, this paper clarifies the normative connotation and classification standards of the two substantive standards, puts forward operable identification rules and review paths, and improves the application system of substantive standards for the approval prosecution of young minors.