A Concise Analysis On The System Of Non-prosecution Of Additional Conditions

As a way of exercise of prosecutorial discretion, non-prosecution of additional conditions not only meet the pursuit of economic litigation philosophy, but accord with criminal policy of combining punishment with leniency. It helps to deeply develop the three key work——social conflicts resolvent, social and management innovation, fair and honest law enforcement, which is asserted by the political and legal work conference.Based on reconciliation and investigation of criminal prosecution in Hunan Province, combined with Chinese and Foreign Law research, the essay attempts to define"non- prosecution of additional conditions"as a judicial system. In this system, the People's Procuratorate authorized by law decides not to prosecute temporarily the criminal suspect who violated the criminal law, according to the criminal character, age, situation, damage degree, circumstances of crime and the performance after crime. If not to prosecute, a test period would be set. After this period, whether to prosecute will be decided.Through analyzing fierce controversy triggered in the judicial practice, investigate feasibility. Combined with the defects, lack of judicial resources, and the value orientation of our criminal justice practice in our existing system, it demonstrates the necessity to establish this system, and analyzes the problems by investigating practices in Hunan Province.Finally to enrich the vitality of this system, legislation should be strengthened, more options should be to the parties, an open information system should be set, and post-treatment measures should be diversified.