慎诉视角下附条件不起诉的困境和完善

Predicament and Perfection of Conditional Non Prosecution from the Perspective of Cautious Prosecution

摘要: 少捕慎诉慎押的刑事诉讼政策中，“慎诉”是重要的一环。然而在推行和适用附条件不诉的过程中，远不达标的附条件不诉率、僵化的主体适用条件以及评审标准模糊等一系列问题随之暴露和放大，阻碍着“慎诉”的发展和运行。建议从提高不诉率、改革主体条件和量化适用标准等方面入手，推动附条件不诉的有效适用，贯彻“慎诉”政策的落实。

Abstract: In the criminal procedure policy of “fewer arrests, more prosecutions and more custody”, “more prosecutions” is an important part. However, in the process of the implementation and application of conditional non prosecution, a series of problems, such as the far substandard rate of conditional non prosecution, the rigid application conditions of the subject and the vague evaluation criteria, have been amplified and exposed, hin-dering the development and operation of “cautious prosecution”. It is suggested to promote the effective application of conditional non prosecution and implement the policy of “cautious prosecution” by improving and unifying the non prosecution rate, reforming the main conditions and clarifying the applicable standards.