The Study Of Juveniles’ Conditional Non-Prosecution System

The juvenile’s prosperity is the motherland prosperous and strong. In recent years,along with the economic development and the improvement of life, juveniledelinquency emerges the new characteristics and trends, which has become aprominent social problem. In addition to do the beforehand prevention, how can wedeal with those juvenile suspects losing their footing? On the base of theory ofprinciples and policies, which is education, probation, saving, we propose thatProcuratorial organs can use the Non-prosecution of Additional Conditions at theStages of Investigation and Prosecution.The non-prosecution of additional conditions is an emerging system for thedevelopment of national criminal justice process, which is ruled in the provisions ofthe criminal law, such as Germany’s “the non-prosecution of additional conditions”,Japan’s “prosecution of the System”, United States’“delay prosecution system”, andso on. In our case, the word of Criminal Procedure repeatedly suggested that duringthe modifying the Criminal Procedure Law we should add the the non-prosecution ofadditional conditions to the Criminal Procedure Law, such as Professor Chen Weidongeditor:"Model Code of Criminal Procedure". At the same time, the ProcuratorialOrgans began to explore the the non-prosecution of additional conditions from1992in practice. The2012Session of the Eleventh National People’s Congress finallypassed a decision to modify the Criminal Procedure Law and add minors the non-prosecution of additional conditions to the Criminal Procedure Law Code. Wemake four chapters to Categorization and Study of The non-prosecution of additionalconditions. As a new system, The non-prosecution of additional conditions not onlybe used in the minor cases, but also be appropriate to expand the system ofconditional non-prosecution.The introductory part is not only the introduction of the author to modify theCriminal Procedure Law, but also the source of this writing. The body has fourchapters. The first chapter details the basic profiles of juvenile delinquency in China.In this part, we analysis the development of juvenile delinquency and the reasons forthe inquiry. At the same time, we note the seriousness of the offense of the minorstoday and apply to the non-prosecution of additional conditions. In the Chapters2and3, we study minors the non-prosecution of additional conditions theory and practice.Although the system of conditional non-prosecution of minors has been established,the relevant supporting facilities and the implementation of procedures has not beenfurther defined, which should be perfect. Chapter4is about the idea of theestablishment of a system of conditional non-prosecution of minors. There are onlythree regulations in the new Criminal Procedure Law, which is not comprehensive. Inthis chapter, specifically applicable to the objects, conditions attached to conditions,procedures, and constraints are described in detail and made some comments. In theepilogue part, we not only hope that non-prosecution system must be compatible withthe corresponding restriction mechanism, the details of the supporting measures, thespecific operational processes, but also hope that the the non-prosecution of additionalconditions can be applied to a wider area.