On The System Of Non - Prosecution

Minors as a special social group, their growth by the social from all walks of life care. With the gradual improvement of juvenile crime rate, the judicial practice in our country pay more and more attention to the correction and prevention of juvenile delinquency, Our country has issued a series of policies and system to protect and educate juvenile. Conditional non-prosecution system as a regulation of the juvenile delinquency emerges at the right moment, It conforms to our national conditions. Conditional non-prosecution system is specially set up for juvenile delinquency in our country, It has certain particularity, it gives minor an opportunities to reform and let them without trial, return to society, certain study period and study conditions have been attached, to recognize their own behavior and seriously repents their error, If they comply with the conditions in inspecting period, they can ultimately not to prosecute. Conditional non prosecution system in China’s theoretical circle has been debated for a long time, there are supporters of the voice, but also the attitude of the opposition, After heated discussion, It finally settled in the form of law. Its establishment is a major breakthrough in the criminal procedure law of our country.which not only follows the criminal policy of tempering justice with mercy, but also carries out the principle of "education, supplemented by punishment". But with the application of judicial practice, we found the provisions of more general, and discretion not to prosecute system division is fuzzy, relatively narrow scope of application, the program design problems, practical operability is not very strong. Through the theoretical research and practical exploration of the non-prosecution system, the paper puts forward some countermeasures to promote the protection of minors, and to promote the harmonious development of our country, so as to promote the development of our country’s judicial reform.