Conditions Are Not Applicable

Our 2012 new "Code of Criminal Procedure," adds conditional non-prosecution of this system, which shows the construction of the rule of law in our country’s gradual improvement of the system is mainly aimed at minors and established the healthy growth of minors from the protective effect, but with the rise in juvenile crime rate year by year, with conditions not to prosecute will be many problems in practice applicable, either in theory or in practice, we are exploring how to better apply the conditional non-prosecution This system, how to better protect the health of minors, in particular how to better operate the program. Conditional non-prosecution of uncertainty, is a between the prosecution and non-prosecution of a system in foreign countries also have similar research institution with conditions not to prosecute, the practice has made great achievements, there are many worthy learn from. Because of minors is a special group, so we must be attention, face the same situation does not have to deal with the case, can not be generalized, however, China’s current conditional non-prosecution on the theory and practice there are many deficiencies, which could lead to unfairness occurs, there will be unreasonable applicable legal norms.In the case described as the start point of the analysis by comparing the domestic and foreign institutions and practices related to the application, with conditions not to prosecute expounded the basic content for the status in our country, the lack of focus of controversy, and relatively non-prosecution system boundaries as well as applicable there is also what needs improvement, so as to achieve minors "education," "probation" effect, reduce the incidence of minor crime in the judicial process can effectively protect minors. Juvenile crime occurs frequently, indicating perfect conditional non-prosecution system is necessary to improve the conditions attached to non-prosecution system is imminent. Of course, conditional non-prosecution system there are many places worth exploring, hoping to rule of law in our country to make some modest by these analysis and summary of the full conditional non-prosecution system play some role in our society ruled by law getting better.