A Study On The System Of Conditions For Non - Prosecution Of Juveniles

The current criminal procedure law adds the system of non-prosecution of additionalconditions specifically for the juvenile delinquency, which is a significant breakthrough tominors legitimate rights and interests. After listing out the definition, history andcharacteristics of non-prosecution of additional conditions for minors, discussing the value,the purpose and the relationship between prosecution and non-prosecution of additionalconditions, this paper aims at providing a detailed analysis and research on the added system,and putting forward many drawbacks and shortage. The applicable conditions of the existingnon-prosecution system of minors regime is too narrow, the lack of protection to victimslegitimate right is inadequate and the matching inspection and operational mechanisms isinsufficient. With the original intention of the legislator as a starting point, we put forward ourpersonal legislative proposals combined with China’s reality and foreign legislation from fiveaspects: to extend the applicable conditions, to improve the supervision mechanism, to buildrelief me chanism established scientific investigation and to correct the operationalmechanism to protect victims,and we hope experts would correct.