An Empirical Study On The System Of Non - Prosecution Supervision

Supervision and inspection system is an important part of the conditional non-prosecution system, and significant for the promotion of justice, the establishment of conducive minors transformation, correct scientific mechanism. China has carried out in a multi-pilot and exploration in the country and formed the prosecution led; community correction bound, multi-agency joint type and other models, and made more fruitful results. This measures the effect of W City against minors conditional non-prosecution implement supervisory inspection regime adopted is particularly significant, it is worth studying and learning.This paper consists of an introduction, conclusion and composed of four chapters.The introduction describes the background that the conditional non-prosecution supervision and inspection system is introduced along with the modifications of the " Code of Criminal Procedure", put forward the inadequate of the proposed conditional non-prosecution supervision and inspection system in the existing legal framework for use in a specific part of the practice.The first chapter discusses the meaning and the applicable conditions of the conditional non-prosecution and supervision and inspection system, and interprets, analysis its role and significance combined with the existing national legislation, at the same time, proposes specific practical operation mode on minors conditional non-prosecution supervision and inspection system, analysis prosecutors independent contractor model, temporary inspection team modes and the strengths and weaknesses of community corrections model.The second chapter describes the analysis report of W City which is made to improve the minors conditional non-prosecution practice supervision and inspection system, detailing the specific initiative of W City, including projecting construction supervision and inspection system, improving the rule of law, rich study, personality management, counseling and regular visits for the minors conditional non-prosecution supervision visits system, Particular emphasis on the legalization of system exploration, actively promote the development of normative documents, and promote legal basis; actively explore the diversity and flexibility of minors admonishing mechanism, creating a "surrogate mother", "Sunshine Inn" and other projects, absorption of social forces to promote joint enterprise admonishing; implementation minors personalized management system, targeted to carry out assistance and education; emphasizes equality and respect, human-oriented management; use social resources to enrich team building; explore the diversity of the regulatory approach channels, reduce the labeling effect.The third chapter analyzes the specific problems and shortcomings of W City against minors conditional non-prosecution supervision and inspection system existing in practices, mainly includes three aspects: First, the lack of clear and comprehensive basis of admonishing and supervision inspection system in the legal norms, resulting in practice no legal basis, norms insufficient supply; secondly, admonishing and supervision and inspection system are based on prosecution, however, on the one hand, prosecutors lack of adequate human and material resources in the field of supervision and inspection, but also the lack of professionalism, on the other hand, participation in social subjects still remain many obstacles, cooperation and coordination between the various departments also have many problems; third, in the specific practice of W City against the supervision and inspection system and the admonishing, the investigated content presence dogmatic and overly broad issues, lack of adequate personal assistance and education, psychological counseling also became mere formality due to neglect or lack of professional staff.The fourth chapter put forward further implement and measures to improve the system of minors conditional non-prosecution supervision and inspection, the main measures include the improvement of legislation applicable to the development of uniform standards and rules for the operation, supervision and inspection to promote diversification, strengthening department convergence to perfect system of investigation and admonishing content. These include: first, to actively develop and improve the admonishing implementation measures and other norms of minors conditional non-prosecution; Second, actively absorb the social forces to participate minors admonishing mechanism, establish operate system which is relevant to the division of labor with the national authorities; third, perfect the way of admonishing to enhance psychological treatment substantive education.