Attached Conditions Are Not The Prosecution System Research

The conditional non-prosecution system, also called the deferred prosecution system, is not clearly specified in the current Criminal Procedure Law of the People's Republic of China (the "Criminal Procedure Law"). On the basis of comparative analysis of the related systems in other countries and regions, this paper mainly analyzes the characteristics and advantages of the conditional non-prosecution system relative to other non-prosecution systems, elaborates the necessity of this system by focusing on its unique legal value, demonstrates the feasibility of establishing this system in conjunction with some valuable explorations conducted in the judicial practices in China and provides suggestions for the reenactment of the Criminal Procedure Law. This paper is divided into three parts, i.e. preface, main body and conclusion. The main body consists of five chapters. These chapters give a relatively comprehensive description of the relevant issues on conditional non-prosecution system in five aspects.Chapter 1 mainly describes the concept and main contents of the conditional non-prosecution system and highlights its differences from the other current non-prosecution systems of China and its characteristics by differentiating it from other related concepts.Chapter 2 one of the key chapters, makes a theoretical analysis of the conditional non-prosecution system by beginning with the discussion of theoretical basis, intensifies the rationality of this system by responding to some disputed theoretical issues and ultimately, summarizes the three core values of the conditional non-prosecution system.Chapter 3, makes a study of the conditional non-prosecution system on a comparative basis and gives an introduction to the related practices in other countries and regions, but the emphasis is laid on a horizontal comparison of the commonalities and differences among these practices so that they act as a mirror for examining the theories and practices in China.Reflecting the features of this paper, Chapter 4 mainly introduces the study and practices of the conditional non-prosecution system in China. Especially, the portion about practices not only provides a number of typical cases, but also analyzes comparatively these cases in the two aspects of scope of application and specific practices for an accurate comprehension by readers..Chapter 5, the core portion of this paper, consists of five sections, attempting to give a more comprehensive portrayal of the future conditional non-prosecution system in China. Some details may not be elaborated, but a vivid picture of the proposed reform blueprint is already portrayed. In particular, the author attempts to classify the conditional non-prosecution system into "examination before determination" and "coordination before examination" and the conditions into "active" and "passive", hoping that more attention is paid to the role of "division" in designing the conditional non-prosecution system.