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修改后的刑事诉讼法规定的附条件不起诉适用范围较窄,程序较复杂,制度优势不明显,监督考察和教育矫正的实施存在困难,导致办案人员宁愿选择其他处理途径,其法律效果大打折扣。因此,笔者建议适当扩大附条件不起诉适用范围将犯罪嫌疑人的监督考察纳入社区矫正规范管理之中,或者建立起以检察机关为中心的监管帮教队伍,以破解实施困难的难题。
The amended Code of Criminal Procedure stipulates that the conditions for non-prosecution are narrow, the procedures are complicated, the system advantages are not obvious, and there are difficulties in the implementation of supervision and inspection and education correction. As a result, the investigators prefer to choose other approaches and their legal effects are greatly reduced . Therefore, I propose to expand the scope of conditional non-prosecution to include the supervision and investigation of criminal suspects into the management of community corrections nor to establish a contingent of supervisors and assistants with procuratorial organs as the center so as to solve the difficult problems of implementation.