Research On Conditional Non-prosecution System

Because of its conducive to the rational allocation of judicial resources and better achieve the purpose of criminal law , the Conditional non-prosecution system has been adopted by a growing number of countries and regions.Therefore, the system became the new issues that our criminal law theory and judicial practice must address. This paper consists of five parts and discusses relevant issues of Conditional non-prosecution system.The first part define the Conditional non-prosecution system. In comparison with the relevant system of other countries and regions,the auther analysis of the crime of mass conditions of Conditional non-prosecution comprehensively, combined with the exploration of the procuratorial organs throughout the domestic practice, discuss of the minors, the elderly should be included in the application object and necessity of natural, and make appropriate recommendations to expand the scopeThe second part discusses the applicable conditions of the Conditional non-prosecution system. In the extra-territorial and national comparative study of judicial practices, the auther made necessary conditions from a solid, different angles of the program .In the third part,the auther do a real diagnosis research on the mode of exploration and help education of the Conditional non-prosecution system. When the procuratorial organ run the prosecution throughout the system,the most important thing to consider is to exploration and transformation.the objects of the Conditional non-prosecution.,and urging them to meet additional conditions and obligations. In this part ,the author have comparative analysised of the existing three models, and suggested modifications to the criminal procedure law to set up a special agency of exploration and help education, integrate the social forces under the current legal framework.The fourth part discusses the process and the force of law after the investigation period of the Conditional non-prosecution. Because the system is a decision based on Ordering the suspect with a certain prosecution condition to perform certain obligations,the auther carriy on the elaboration separately to following two situations: that is the suspect earnestly fulfill relevant obligations,and the purpose of correction can be achieved ,and the opposite situation of course, to discuss the treatment method that the prosecution should make in those different scenarios.In the last part, the auther clarify the necessity of relief and constraints procedure of the Conditional non-prosecution system. As one of the prosecutor's discretion, the system may lead to the abuse of discretion to prosecute and the miscarriages of justice ,without establishment of appropriate power restriction mechanism,as a new thing, the Conditional non-prosecution system need for effective supervision. Therefore, the authors advise to strengthen the supervision of this new mechanism over law enforcement,to prevent the abuse of discretion and promote the improvement of this system.