Study On Minor Non-prosecution System

The minors is the special social group, is the foundation for the survival and development of a national, is the hope in harmonious society, its normal growth and quality level in relation to billionaire family happiness, related to social stability and development, relationship to the nation's success or failure and related to national long-term interests, so, the whole society has a responsibility and obligation to care the mionrs. But, with human society living environment and lifestyle change sharply, the minors crime problems are becoming more and more prominent, as the hobbled walker that is still in the initial stage of life, the minors is sensitive and vulnerable, it is curious to environment with longing, but it still didn't have enough sense and ability to identify everything around him, lead to go astray, becom the perpetrator and also the victims of the adverse environment. The nation is duty-bound to give juvenile delinquents more sympathy and tolerance to educate and help they back on track. Endeavoring to deepen the reform of juvenile judicial system, further increasing the rate of non-prosecution to juvenile delinquents, making more and more mionrs who with certain condition get education save by the non-prosecution, gaving they a chance to turn over a new leaf, there are the special protection duties of the head of the judiciary in juvenile criminal proceeding.In this paper, through analyzing the theoretical proof, the present situation and the existence question of the juvenile non-procecution to explore the road that how to perfect the juvenile non-procecution system. The essay is divided into four parts, thirty thousand words:Chapter one is jurisprudential analysis on juvenile non-procecution system. This chapter, the author expoundes the rationality of the juvenile non-procecution system from four aspects: it is result of developed of the modern theory of criminal law; it is the inevitable conclusion of deepened cognition of the minor crime paticularity; it is based on minor's special significance to social economic development of our country and it is accord with the international and domestic policy spirit about juvenile justice.Chapter tow is the present situation of the juvenile non-procecution system in our counry. First, there is no standars that different form adult non-procecution in legislation in our country, and did not reflect the special care and protection for minors. Second, the proportion of nolle prosequi for minors of the low rate for the narrow understanding of nolle prosequi applicable condition, suitable program trival and judicial practice department strict limits of non-prosecution rate. Thirdly, relative to foreign procuratorial organs'diversified and flexible non-prosecution discretion, our procuratorial organs in dealing with minorcrime cases means too onefold, can not satisfy this particular type of case demand. Finally, due to the imperfect supporting measures of non-prosecution, hinder the function of non-prosecution system to a certain degree.Chapter three is the ideas about perfecting the juvenile non-procecution system. This part is a focal point of a full text, according to minors this special subject special requirements, the author put forward some suggestions and measures about reestablishing non-prosecution system. There are contains five aspects: establishing the fundamental principal; reconstructing the standard; innovating the manner of application; perfecting the handling system, methods, procedure and seting up the supervision and relief system of the minor non-prosecution system.Chapter four is the supporting measures of the minor non-procecution system. A system will to achieve the anticipatory goal needs of related system protection and support, and so is the minor non-procecution system. This part from three aspects to put forward improving proposal about the supporting measures of the minor non-procecution system. First, repealing the proportion of applying non-prosecution, establishing a scientific and reasonable assessment method; second, improving the application of non-criminal transaction measure; thirdly, establishing the transfer mechanism of the procuratorial organs and social organizations, strengthening the investigation of minors and help and education.Any kind of system, its vitality from the need of reality. Strengthening the legal protection of minors, actively exploring the minor crime apply decriminalization, valuing the prevention and treatment measures, has becom the development direction of juvenile justice system. As the procuratorial organs, not to prosecute for the minor suspects who meet the conditions, throughing the legal and social comprehensive strength to achieve correction purposeis is undoubtedly a rational choice becaause of the personality plasticity of the minors. The author hopes to seek a reform into the whole train of thought from the macroscopic level, fully grasp the minors non-prosecution, make the contents and procedure to be more perfect and more in line with the minors this special subject needs.