| In 2012 the newly revised "Criminal Procedure Law" clearly provides the minor non prosecution of additional conditions and procedures, this is the result of years of endless exploration and efforts. The present studies mostly explore it from the view of theory, and the research from the perspective of fact are rare. The author tells its condition of running and the actual results, by investigating the Conditional Non-prosecution of the People’s procurator ate of P county, and analyzing the problems and influence factors of the system, and then puts forward some suggestions to solve these problems to perfect the system.The main text consists of four parts, except the introduction and conclusion, there are 19000 words.The first part describes the basic content of the Conditional Non-prosecution. Non-prosecution with additional conditions of Minors, refers to the procuratorial organs for some cases of minors, according to the facts, the nature, the circumstances and degree of social harm of the case, decide the certain period, if the minors actively comply with legal requirements and complete the relevant obligations that agreed with the victims and procuratorial organs in the period, and enough to prove the performance of repentance, is not for the prosecution system. The system is good for the minor criminal suspects to turn over a new leaf, maintain the family harmony and social stability, save judicial resources and improve the efficiency of lawsuit. The new criminal procedure law clearly provides the subject conditions, charge conditions, subjective conditions and procedure conditions, and provides a clear test period and the relevant legal consequences.The second part expound the operation conditions of the Conditional Non-prosecution. Since 2011 to November 2014, the procuratorate applied this system in various types of cases of non–prosecution(29suspects), the conditional non-prosecution has 13 people. From the point of view of time, the 2011 15.4%,2 people; in 2012 15.4%,2 people; in 2013,53.8%,7people;in 2014 15.4%,2people. From the types of cases, it is mainly concentrated in the theft, intentional injury, and open a casino, in addition, there are a small number of robbery, snatch, stir up trouble. Over the years, the People’s procuratorate of P county through the practice exploration for this system, made some attempt and innovation, mainly including apply this system on some serious charges, try to cancel the conditional non-prosecute, and innovative the construction of social probation admonishing system.The third part analyzes the difficulties in the implementation of conditional non-prosecution. There are three main problems : first, it is difficult to apply the law. The second is that the program is difficult to carry out. The third is lack of experience, the units can not regulate the implementation of obligations, and it is hard for the procuratorial organs to supervision.The fourth part of this thesis gives some improvement suggestions. First, appropriate to relax the scope of conditional non-prosecution, and define its limits with relative non-prosecution. Secondly, it is important to optimize the procedure of hearing the opinions of victim. Thirdly, it needs to formulate the detailed rules for the implementation of the conditional non-prosecution, and refine the period setting. Four is the establishment of remote assistance investigation assistance mechanism. Five is the establishment of mechanism of assistance to carry out the social investigation. Six is to establish a incentive mechanism. The seven is to build the platform of sharing experience, and summarize the experience and situation. |
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