With Conditions Not To Prosecute Applicable Object

With conditions not to prosecute the system out of the First, the creation of Japan in the Meiji Restoration. With conditions not to prosecute the efficiency of the criminal justice system can improve, conserve judicial resources, reduce the workload of the Court, to better safeguard the public interest benefits of conditional soon widely spread in the world within the system of non-prosecution, a criminal an important system in the proceedings. After the founding of New China, the Code of Criminal Procedure has experienced several times revised, but did not establish the conditions attached to the non-prosecution system. China first established in the2012revision of the Code of Criminal Procedure, the system.Conditional non-prosecution system have been established in the country’s Criminal Procedure Law, but legislators applicable object strictly limit above the minors, and did not like Chen Guang medium advocated by many experts and professors, will apply object is extended to all may be sentenced to three years in prison, on top of the crime of criminal detention or control the light punishment. In this regard, this paper attempts to combination of minors patterns in crime and juvenile criminal policy point of view, the basis of extraterritorial Comparative Study with conditions not to prosecute the application of the system, the full argument from both positive and negative object is limited to the top of the minors legitimacy.Conditional non-prosecution system as a specific criminal litigation system, legislators how to build such a system, in order to achieve the fundamental purpose of the legislation should be read in conjunction with their actual situation, the blind pursuit of large design philosophy, the phenomenon is likely to occur South Orange North trifoliate, the prosecution, the intensification of the conflict, the breeding of corruption in the judiciary, the destruction of the legal authority of the legal loss of faith will also may occur. It is based on this consideration, this paper advocates not to prosecute the application of the system of conditional objects should be strictly limited in the minors above conditions are ripe to be legal theory and judicial practice, you can expand the conditional conditionally not to prosecute system intended to seek legal and social effects of the high degree of unity.