Application Of Conditional Non-prosecution In The Prosecution Of Environmental Pollution Crimes

The amendment of the Criminal Procedure Law in 2012 formally established China’s conditional non-prosecution system,but the initial legislative design of the system was on the conservative side,and in recent years it has shown a trend of expanding its application in judicial practice.The system,which originated from prosecution cheapness,has intrinsic values such as special prevention and litigation economy,and is a concrete practice of contemporary criminal law decriminalization and decriminalization reform driven by the principle of criminal law modesty,as well as a criminal justice model with the goal of restoration,which can meet the needs of all parties to the greatest extent.With reference to similar systems in foreign countries and combined with judicial practice,China’s conditional non-prosecution system is not perfect,and the following problems exist:first,the scope of application is too limited,only applicable to minors suspected of crimes under Chapter 4,5 and 6 of the Criminal Law and may be sentenced to less than one year of imprisonment;second,the discretionary standards are not clear enough,resulting in confusion in practice;third,the supervision and investigation mechanism is not perfect The main body of supervision and investigation is not strong enough,and the content of the supervision and investigation is not sufficiently detailed,while the supervision and investigation period of more than 6 months and less than 1 year is difficult to cover the objects of different social dangers;fourth,the lack of effective regulation of the discretionary power of conditional non-prosecution.The limitations of the scope of application greatly hinder the advantages of diversion and saving judicial resources;the lack of relevant supporting systems makes it difficult to guarantee the effectiveness of the system’s implementation.Therefore,in order to give full play to the effectiveness of the system of conditional non-prosecution,the existing system needs to be optimally designed.The optimal design of the conditional non-prosecution system should be combined with the needs of China’s judicial practice,step by step,and gradually expand.Through the analysis of China’s relevant legislation,judicial practice,the application of the conditional non-prosecution system in the prosecution of environmental crimes is necessary and feasible.The application of conditional non-prosecution in the prosecution of environmental crime,should be combined with the special features of environmental crime pollution with targeted design.The application of the subject to expand to the general subject,including natural persons and units;the scope of the crime has included environmental pollution,but this provision is still inappropriate,should be relaxed to the crime of the restrictions;to expand the range of sentences to the possibility of being sentenced to less than three years in prison;consider the circumstances of the perpetrator,the crime of environmental pollution,the crime after the three aspects of the discretionary standards of conditional non-prosecution;to establish a third party In addition,the government should consider the establishment of a third-party supervision and investigation mechanism to improve the supervision and investigation mechanism of conditional non-prosecution;and regulate the exercise of the right to conditional non-prosecution through internal and external supervision and by giving the victim the right to sue himself.Based on China’s basic national conditions and criminal policy,a new system design for conditional non-prosecution with a focus on environmental pollution is a new breakthrough for the existing criminal justice system.