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附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本.docx

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附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本.docx

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附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本.docx

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文档介绍:目 录引 言······································································································1一、附条件不起诉实践运行情况·····································································2(一)附条件不起诉案件的特点···································································2(二)附条件不起诉制度的具体适用····························································4(三)附条件不起诉制度的程序规范····························································8二、附条件不起诉制度的实践效果·································································10(一)有利于对未成年人优先保护······························································10(二)有利于对“宽严相济”的贯彻·······························································11(三)有利于化解社会矛盾········································································12三、附条件不起诉实践运行中存在的问题························································12(一)救济制度不完善··············································································13(二)考察帮教机制不完善········································································13(三)配套机制不完善··············································································14(四)社会支持机制不完善········································································16四、附条件不起诉制度的完善·······································································17(一)完善救济制度·················································································17(二)合理设计业务考核指标·····································································19(三)构建完善的社会支持机制··································································20致 谢··································································································22参考文献··································································································231附条件不起诉制度实证研究——以南宁市检察机关附条件不起诉实践为样本引 言新刑事诉讼法第五编特别程序中,在第一章就规定未成年人附条件不起诉制度,用三条法律条文对此进行规定,这些法律条文规定附条件不起诉制度只能适用于未成年犯罪嫌疑人、适用的案件范围是判处一年以下有期徒刑的轻刑案件、监督考验期限的范围以及在设定的考察期内犯罪嫌疑人必须要遵守的条件,另外还对附条件不起诉决定的撤销情形也作出明示。未成年人附条件不起诉制度是指对于符合法律规定的未成年犯罪嫌疑人,根据其犯罪情节、认罪态度和悔罪表现,设定一定期限的考察期和相应的考察条件