Attached Conditions Are Not The Prosecution System Research

In criminal prosecutions, the procuratorial organ do not prosecute the crime suspect who meet certain conditions and shoud bear criminal responsibility but set them some conditions for inspection during a certain period of time, and whether to institute prosecution at the experiation depends on their performance during the inspection period. That is the basic meaning of "Conditional Non-Prosecution" which falls into the scope of Public Prosecution System and is a reflection of the procuratorial organ to exercise discretionary power.The characteristic features of "Conditional Non-Prosecution" could fully reflect its superiority espetially when compaired with the system of relative not to prosecute" /'probationary suspension" and with the system of "immunity from prosecution" which has been abolished.The theory of prosecution right, The evolution of the concept of criminal law, The Principle of Opportunity, the theory of individualization of punishment, the Restraining Criminal Law and the policy of Combining Punishment with the Crime Provide solid theoretical foundation for "Conditional Non-Prosecution". The system in itself has great value in achiving economical lawsute, maintaing public interests, helping the suspect back to the community and in dealing with criminal cases of minors.Major countries in the world have established their system of "Conditional Non-Prosecution" in various degrees. "Conditional non-Prosecution" in German, Hesitate to Prosecute and Rehabilitation in Japan, Criminal Probation of Prosecution in America, Conditional Warning in England and Delay Prosecution in China Taiwan have all set in their legislative system or reflect the spirit of "Conditional Non-Prosecution"We don't have any provisions of "Conditional Non-Prosecution" in criminal procedure law even china has the necessity and feasibility to establish it. On the one hand, The reality of deficiency of our litigation system, shortage of judicial sources, desirability of structuring the socialist harmonious society have determined our necessity to build "conditional non-prosecution" system. On the other hand, the legistative spirit of our Criminal Law and the Criminal Procedure Law, The criminal policy of combining punishment with leniency, and the bold attempt of some areas have all provided the feasibility to build "Conditional Non-Prosecution" system. the response to the questioned point of view has cleared the fetters. under these circumstances,we shoud adapte and absorb the scientific and rational elements of foreign legislation and jurisdiction, combined with China's characteristics and status of criminal proceedings, and establish our system of "Conditional Non-Prosecution".