Improving The Relative Non-prosecution System Of Minors

From 20^th century, with the changes in theories and concepts of criminal law, most of countries have ever implemented the so called "non-criminal policy" upon crime and punishment, namely not all crimes should resort to applicable criminal punishment of court, which is reflected in criminal prosecution system. That means procuratorial organ is granted with certain right of discretion in determining whether to prosecute a crime. Non-prosecution System is fit for the principle of individualization of punishment, helpful for the achievement of function of punishment and protection of litigant's legal rights and interests, so that a large amount of criminal cases can be processed more effectively with fewer investment and consumption of judicial resource, which fits for the principle of litigation benefit.Minors are a special social group. Due to immaturity of physiology and psychology and limitation of knowledge and experience, most of minor crimes are casual without subjective culpability of the mind; some minor criminals don't even know they have committed a crime, nor do they truly understand how they have committed a crime and what damage they have caused to others and the society; being lack of the ability to judge right and wrong and randomness can be shown from these cases. Though the harm of minor crime to society can't be neglected, generally speaking, the reasons don't really rest with themselves but influence of family and social environment. Legislation of minor crime and criminal policy are inevitably more independent and even tend to stress on the minor-applicable and looser relative non-prosecution system basic on humanitarianism and protectionism.Though China's non-prosecution system for minors has played an important role in fighting against crime and protecting legal rights and interests of minors, a series of problems can be found in legislation and judicatory, such as unsystematized legislation, unclear division between substantive law and procedural law; applicable conditions don't facilitate uniform control and operation for being lack of details, non-prosecution rate is controlled by personal decisions; decisions of non-prosecution are lack of transparency, etc. For the above reasons, non-prosecution system is not widely applicable to minor crime and active functions of non-prosecution system in educating and saving minors are greatly limited, so it is necessary to give a careful thought to the non-prosecution system for minors, and reconstruct and perfect it over again. This paper has been composed with China's non-prosecution system for minors as study object including three chapters with the volume of about 35 thousand characters:Chapter one: Introduction of Relative Non-prosecution System for Minors. This chapter firstly illuminates the academic basics of non-prosecution system for minors from the basics of jurisprudence, sociology and law, and then detailedly discusses the significance of non-prosecution system from 5 aspects: being helpful to keep minors from the negative influence of "sub-culture of prison", being helpful for education and growth of minors, being helpful for stability of family and society, being helpful to save lawsuit resource and improve efficiency and showing the rigidity and leniency of criminal policy.Chapter two: Analysis of the status of Non-prosecution System for Minors. This chapter analyzes the present situation of China's relative non-prosecution system for minors from the applicable present status of non-prosecution and two defects in the system. Status of application of non-prosecution system can be explained from two aspects: low application rate and complexity of procedure. Defects of the system mainly lie in the following aspects: unsystematized legislation; applicable conditions are not clear enough to facilitate uniform control and operation; applicable range is too narrow and procedure is too strict, largely limiting the application of non-prosecution system; application rate is limited by man's decision; being lack of enough transparency affects the equity of procedure; supervision and control program is not "in place" or "offside". These 5 defects make the non-prosecution system exist in the same only.Chapter three: Ideas of perfecting non-prosecution system for minors. This chapter offers a series of suggestions for non-prosecution system from the angles of legislation and judicial practice. The suggestions include revising and perfecting physical standard of non-prosecution system; exploring into minor-based non-prosecution system and rules of operation; relevant departments should try to cancel regulations applicable to the rate of non-prosecution case; granting prosecutor the right of civil mediation to achieve non-prosecution in form through civil reconciliation and criminal understanding; setting hearing procedure for non-prosecution system and enhancing supervision on the system.