The Constructions Of Non-prosecution Of Additional Conditions Of China

The paper discussed the non-prosecution of additional conditions, which was recently on trial implementation in China's prosecution practice. And it has arised wide spread dispute. The non-prosecution of additional conditions was established by the doctrine of prosecuting discretion, and the production of introduce procuratorate discretionary power into the criminal procedure. That it has legitimacy connotation. The paper maily discuss it's relationship with the restorative justice, and try to find it's legal resources from our country's traditional law culture. Meanwhile considering the actual situation of criminal litigation in our country,with reference to the scientific and reasonable elements of foreign legislative, the paper analyse the necessity and feasibility of establishing this system in our country, and propose the plan of construct our country's overall non-prosecution of additional conditions system. The paper also discussed construction of the supervision and test method of non-prosecution of additional conditions according to chinese reality conditions.