Analysis Of Non-Prosecution Of Additional Conditions System

With the development of social economy, crime occurrence rate has unceasing rised, crime types have unceasing increased, the conflict of austere crime condition and crime resources deficiency stands out day by day. In this paper, a conditional non-prosecution case triggers the thoughts of establishment the Non-prosecution of additional conditions system.Non-prosecution of additional conditions as alternatives to prosecution for misdemeanor treatment of non-criminal, with function of resolving criminal disputes, and achieving the of pre-trial diversion program.The first part, the author compares Non-prosecution of additional conditions system with similar systems such as Discretion not to prosecute, Statutory non-prosecution, Immunity from prosecution and Probation,which clarify the meaning of the Non-prosecution of additional conditions system.When the case meets prosecution, the prosecutor will consider Corpus delicti and suspects's dangerousness, then believe that not being prosecuted more appropriate and truly no longer a danger to society, may temporarily not to prosecute. If the suspect to fulfill their obligations in accordance with regulations in the deadline, expirasion of the period will no longer be prosecuted.In the second part of the Paper, mainly Described that in recent years, prosecutors in many palces have tried the Non-prosecution of additional conditions,but the lack of clear provisions of the law has aroused considerable controversy. Denies who believe that, Non-prosecution of additional conditions lack of legal basis, don't have the legitimacy;contrary to the judicial principle of separation of powers, resulting in a violation of the jurisdiction;conditional non-prosecution and the probation system in post.conflict.Positive people who believe that, Non-prosecution of additional conditions is a new measure of justice,don't go beyond the law; In line with the principle of legality, there is no violation of the court's jurisdiction; in accordance with harmonious society and international trends.In the third part of the Paper, mainly on the basis of introducing Germany, Japan, the United States, Britain and other countries and China Taiwan and Macao regions conditional non-prosecution system, there are similar provisions in five respects,Guilt requirement is generally minor; Core of which is to attach conditions; Giving full consideration to public interest;having standard operating procedures;setting complete relief mechanism. Non-prosecution of additional conditions has gotten effective implementation in many countries and regions, which plays great roles to save the judicialresources, improve efficiency of the procedure and reach the aims of criminal punishments.In the fourth part of the Paper, mainly From the current situation of our country's judicial, existing the necessity and feasibility of Establishing Non-prosecution of additional conditions system. Necessity include:It will help standardize judicial practices that already exist; It will help the rational allocation of judicial resources, improve the efficiency of the proceedings; according to the spirit of the criminal Policy of temper justice with mercy in our country, to achieve the purpose of punishment; Helps improve the prosecution system, and expand the prosecutor's discretion; Helps suspects to turn over a new leaf and To protect the legitimate rights and interests of the victims. feasibility include:Harmony concept provides the ideological foundation;Legislation creats legal basis;Pilot experience provides a practical basis.At last part of the Paper, Combination of judicial practice and China's national conditions, I believe that the following aspects can be considered for construction of conditional non-prosecution system.First,suitable mechanism. Including:the scope of case Major in Misdemeanor cases which is not conducive to the public interest if being prosecuted. Applicable Conditions comprehensive consideration of criminal suspects, criminal behavior and the performance after committing a crime. Conditions is when Procuratorate make a desion, The suspect is asked to comply with the obligations. Second, operational procedures. Including: The inform of prosecution, The application of criminal suspects, Victim-Offender Mediation, The views of the prosecution and organization of the hearing, Finally, the Attorney Commission's handling decisions.Third,supporting mechanism. Including:the reviewing,Helping and education mechanism, Inspection educators, content, requirements, methods and duration.The supervision and restraint mechanism of the non-prosecution of additional conditions involve procuratorial system of internal supervision and external agencies supervision. Perfect non-prosecution of additional conditions system is not only beneficial to the system running benign, in line with the value of the pursuit of criminal law, But also show the spirit of the criminal Policy of temper justice with mercy in our country, to promote the development of harmonious society.