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On Non-prosecution Of Additional Conditions System In China

Posted on:2012-11-13Degree:MasterType:Thesis
Country:ChinaCandidate:M LiFull Text:PDF
GTID:2166330332494983Subject:Code of Criminal Procedure
Abstract/Summary:PDF Full Text Request
With the rapid development of economy, social contradiction is increasingly extensive and complex, criminal offense rate is rising, judicial authority is overwhelmed, and the contradiction between serious crime situation and scarce judicial resources is becoming more and more prominent. Under this background, non-prosecution of additional conditions emerges as substitutive measures of depenalization prosecution. It attracts high attention to the lawsuit economy, and can save judicial resources and maintain social harmony through the criminal pre-trial diversion. Non-prosecution of additional conditions are not stipulated in the criminal procedure law of our country, but the system has already made gradual perfection and vigorous development in other field. This paper compares the non-prosecution of additional conditions between different countries and regions, analyzes its theoretical basis, demonstrates the necessity and feasibility of establishing the system in China, and puts forward preliminary idea of constructing the non-prosecution of additional conditions system.The text is divided into the following five parts:The first part: Introduction of non-prosecution of additional conditions system. This section inspects the historical evolution of non-prosecution of additional conditions system, analyzes the causes and the historical context of the system. Then compares the system to Germany, Japan, the United States and Taiwan region, and finally leads the concept of non-prosecution of additional conditions system and discrimination of its relevant system.The second part: Theoretical basis of non-prosecution of additional conditions system. This part discusses the profound connotation of non-prosecution of additional conditions system, and analyze the legitimacy of its existence and development from four aspects, such as: power base, legal basis, criminal policy foundation and legal culture foundation.The third part: Analysis the necessity and feasibility of establishing the non-prosecution of additional conditions system in China. Firstly, this part discusses current discretion of non-prosecution of additional conditions system, empirically analyzes the present situation about growing criminal cases and shortages of judicial resources, in order to demonstrate the necessity of establishing the system. Secondly, demonstrates the feasibility of establishing the non-prosecution of additional conditions system in theory and practice aspects.The forth part: Problems in non-prosecution of additional conditions practice. Summarizes the problems existed in practice, and advances some countermeasures for solving these problems, and thus promotes the system development deeply in practice.The fifth part: The construction of non-prosecution of additional conditions system in China. The author in this part proposed the tentative idea about constructing the non-prosecution of additional conditions system in China. The overall concept is on the basis of realizing the system and legislative purpose, to set up the simple, efficient and pragmatic procedure and related measures, to strengthen the power supervision and restraint, and make it more scientific and guarantee its justice and efficient operation.
Keywords/Search Tags:non-prosecution of additional conditions system, doctrine of prosecuting discretion, procuratorial discretion, lawsuit economy
PDF Full Text Request
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