An Empirical Study On The Non - Prosecution System

The procuratorial organ of our country had piloted the conditional non prosecution fornearly ten years,and through the judicial practice a lot of experience,and provides animportant reference to non prosecution of additional conditions for the new criminalprocedure law.The National People’s Congress passed the "About the changes of people’sRepublic of China Criminal Procedure Law> decision" in2012March, the new CriminalProcedure Law shall enter into force as of January1,2013. The new criminal procedural lawin the special program created a new minor non prosecution of additional conditions, giventhe discretion of the procuratorial organs more when in juvenile criminal cases,fully reflectsour justice for minors to the "education, supplemented by punishment" principle. Regulationson the non prosecution of additional conditions of the new criminal procedure law is to a largeextent the provisions of principle, although promulgated the relevant judicial interpretations,but not to make more detailed provisions, many supporting system have not be builted. Thejudicial authorities in practice how to correctly understand and apply the non prosecution ofadditional conditions,and play the role of conditional non prosecution system should beprocuratorial organs need to solve the problem.The paper based on The practice of GuangxiNanning city of conditional non prosecution of procuratorial organs analysi, and study of thecharacteristics of the non prosecution of additional conditions of application of the case in thearea.Through empirical research on the conditions attached to the judicial practice of thesystem of non prosecution, to The basic situation of practical operation of the system of nonprosecution of additional conditions, research on the application of program specification ofconditional non prosecution, analysis the results since the implementation of conditional nonprosecution system, found that the non prosecution of additional conditions the runningproblems, and the judicial practice in the application of the non prosecution of additionalconditions put forward corresponding suggestions, further perfect the non prosecution ofadditional conditions,and play the proper role.