Minors Conditional Non-prosecution System Research

Our country is in constructing socialism government by law society, in the process of law system in gradually perfect in the world, but with the legal system of some developed countries have many shortcomings compared, especially in minor criminal procedure law, Chinese the minors criminal procedure is still attached to adults, and the existence of criminal procedure no single applicable system, this and international confirmed adults and minors' the idea of division of processing is abhorrent. So in China in order to implement the criminal policy of tempering justice with mercy, protect the sound growth of minors in recent years, the author of the new system - appeared in our country with conditions are not based on system of prosecution, designed specifically for the minors repo/reverse repo not to prosecute system.Attach conditions not to prosecute in China as a new system, but in other developed countries have already had the official code, Japan and Germany is attached conditions are not the birthplace of prosecution, enclosed condition not to prosecute is Sue cheap socialist and litigation economy theory of the product, with deep under the legal basis and practical basis. Some areas in China has begun a repo/reverse repo not to prosecute the trial, and obtain good effect.In this paper the physical characteristics and never adults in minor criminal procedure, combining the characteristics of other countries that minors repo/reverse repo not to Sue in the provisions of the criminal policy in China, support within the scope of the combined with actual situation in China to create exclusive of minors in our country criminal litigation system.This article from the design new rules to protect aided the Angle of minors, expounded the opening chapter repo/reverse repo not to prosecute concepts and theoretical basis, with China's ancient for minors protection measures implemented successful record and abroad the background points out the condition is not charged with difficulty and controversy lies.The second chapter from the current situation of our country, the author analyzes the support of China's policy of our country's legal system and degree from the direction of development, and the basis of the situation analysis across China has established a repo/reverse repo not to prosecute the feasibility, then according to the minor crime is increasing number of tough situation, the current procedural law are not perfect, judicial resources aspects of the serious lack of minors pointed out that setting up the necessity of repo/reverse repo not to Sue.The third chapter basically content focused on other countries and regions and attach conditions not to prosecute legal analysis to find suitable for our reference program design experience and applicable method.The fourth chapter in parts in China for a repo/reverse repo not procuratorates of the evaluation system of prosecution, found in application and puts forward some repo/reverse repo not to prosecute the realistic problems existing in the process.Chapter 5 minors to construct a repo/reverse repo not to prosecute system, improving Suggestions from the harmonious society, legal society, protect healthy growth of minors Angle, qaqs tightly to criminal cases in the latter policy "and perfecting the legislation, applicable conditions and standards and operational details etc give a specific proposal.