The Constructions Of Non-prosecution Of Additional Conditions Of China

The non-prosecution of additional conditions are not prosecution in foreign has had great development, But because of the lack of corresponding system in China, resulting in the legislation in judicial practice that huge controversy. This paper repo/reverse repo not to prosecute system, analyzes the connotation of foreign legislation and judicial review for reference in practice status. On the basis of comprehensive analysis, this paper puts forward a conditional system of prosecution in the idea of not. Full text is divided into five parts:The first part to attach conditions not to prosecute analyzes the connotation of repo/reverse repo, mainly introduced the concept and characteristic of prosecution and the related concept distinguish comparison, introduce the system.The second part is a conditional foreignfiction prosecution introduced legislation and judicial practice of system of condition, mainly including Germany,Japan,the United States and Taiwan legislation and judicial practice, the reasonable parts can be a model for our country.The third part mainly introduced the repo/reverse repo not to prosecute system produces theoretical basis. Main purpose of penalty to change, from the rise of restorative justice, Sue cheap socialist and discussed litigation economy condition is not attached to the system of prosecution produced theoretical basis.The fourth part of building our main argument with conditions are not necessity and feasibility of the system of prosecution. Mainly introduces the academic circles in China today can apply for a reverse repo not to prosecute system, and put forward the theoretical debate his own opinion. Later, from two aspects of the argument the establishment of the system in China, on the one hand, demonstrates the necessity of the establishment of system in China, on the other hand, demonstrates the feasibility of establishing system in China.The fifth part is to build our conditions are introduced with the idea of system of prosecution. First, analysis constructing the system of prosecution attach conditions are not applicable objects, Secondly, this paper expounds the condition is not attached to build our system of prosecution, the specific operating procedures, Finally, this paper puts forward a conditional not to prosecute system in restricted and related mechanism.