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

In2012the new criminal procedure law formally the minor non prosecution of additional conditions written into the law of criminal procedure, this is the first time for China to establish the legal form of the juvenile non prosecution of additional conditions. This is not only embodied and theory of purposes of punishment and the doctrine of prosecuting, further implement the China advocated the criminal policy of combining punishment with leniency and the implementation of "education, probation, save" the guidelines for minors. Minors are the future of a country and nation, their physiological and psychological characteristics and adults different,as a kind of special social groups, in handling minor criminal cases, we should give them special protection, in strict compliance with the law under the premise, according to the most conducive for minors and for the physical and mental characteristics of juveniles,fully protect the legitimate rights and interests of minors. At present, the new "criminal procedural law" about the minors of conditional non prosecution is the main provisions from the scope, inspection, and other aspects of the legal consequences of the expansion, but in practice, the applicable scope of the provisions of the law is too narrow, decision problems such as lack of procedures are not clear, the related mechanism is not perfect, supervision and restriction mechanism is not perfect and the relief mechanism, the provisions of the new "criminal procedural law" and relevant laws for minors to non prosecution of additional conditions to operate in practice is not strong, in view of the above our country minor conditional non prosecution system exposed, starting from the judicial practice, the issues about practice of legislative experience, evaluation advanced foreign developed countries, this paper expand the scope of application, improve the decision procedure, inspected system, improve the mechanisms of supervision and perfecting the relief mechanism five aspects to improve our juvenile non prosecution of additional conditions.