Conditional On The System Not To Prosecute

The current system of conditional non-prosecution in some countries already have relatively well provided, and in practice plays an active role in appropriate, on the whole, the conditions attached to the system not to prosecute the concept embodied in the traditional litigation and legal culture of China and there is no conflict, and with the context of building a harmonious society in China's criminal policy of combining punishment with leniency consistent. In China, with conditions not to prosecute the legal theorists have been attracted wide attention and the prosecution, and was in practice in some parts of the trial prosecutors. In minor criminal cases, pleaded guilty in the criminal suspects and active voluntary parties to the victims of civil compensation cases, the State and crime suspects the possibility of cooperation with the lawsuit. Part of the prosecution, not to prosecute by the conditions attached to the rational design of the system and effective implementation of the victim and the suspect parties reached a settlement agreement through negotiation on the basis of the national prosecution authorities and the criminal suspects through consultation and cooperation to jointly promote the"negotiated justice", which saves the limited judicial resources, and to achieve the legal effects and social effects of the unification. This article first were from abroad, domestic and pilot's Procuratorate of the relevant provisions of the conditional non-prosecution introduced the concept of the system, then conditions are not attached to the concept of prosecution system assessment, and that the concept of the characteristics of the five areas, and proposed himself for the system concepts. Then this paper analyzes the accompanying conditions, the theoretical basis for the system not to prosecute, and that the Prosecution is the basic theory of Marxism, the system is to adapt to the current criminal policy of combining punishment with leniency requirements, the system is to adapt to people who need the protection of minors. This article is to study the conditions attached to the system not to prosecute the case in the conditions attached, through foreign and domestic theory, in practice the introduction of the conditions attached, I found no conditions attached to a unified classification criteria, leading to chaotic. I think by analyzing the conditions should be attached to physical conditions and procedures as a condition of classification, I believe that the conditions in which entities should be expanded scope of the subject, the elderly, farmers and units into the conditional non-prosecution of the adjustment range, and explains These include the main reason for the adjustment range. Conditions for the procedure, the author proposes the introduction of the hearing system conditional decision not to prosecute to the program, which can guarantee the fairness of decision-making process; study period the author puts forward the system should be from 3 months to 12 months study period; on The system of help and education organization, I believe that the prosecution should be completed and other organizations, handling the case by the Procuratorate and the object being inspected work, study or work unit and the residence of the neighborhood, the composition of the relevant public security organs together to complete a survey team of helpers this model.