Research On The Conditional Non-Prosecution System

The continuous development of criminal judicature practice in the world today constantly drives the evolution of the criminal judicature theories. As a new system which reflects criminal judicature development trends among countries nowadays, Conditional Non-prosecution is just in the ascendant in overseas judicial world. In recent years,’Conditional Non-prosecution’system has been introduced into China by our investigation mechanism. While the system has gradually been applied to China judicature practice, it has created significant controversy among societies. The argumentation of all different views has provided us with sufficient practice foundation, further proved the necessity and feasibility of establishing the system in China. Therefore, in14th March2012, the revised version of "Criminal Procedure Law" has been officially approved in the fifth session of the National People’s Congress with the legislative affirmation of this system. However, in the current version of revised’Criminal Procedure Law’, the provisions regarding "Conditional Non-prosecution" system are just fundamental and general, requiring further improvement and support mechanisms, in order to better serve judicature practice. Although study on this system has been carried out for years with successful findings from many theoretical experts and practitioners, this article aims to provide thoughts on specific design and improvement of the system, which are based on the confirmation of the system’s value, through comparison analysis, in order to successfully execute judicature practice provide the author’s opinions and suggestions. This article is divided in three parts, introduction, main body and concluding remarks.Part Ⅰ provides an interpretation of the "Conditional Non-prosecution" system. Based on its nature, Part Ⅰ expounds the system’s connotation and characteristics; through comparative analysis among Statutory Non-prosecution, Non-prosecution for Doubt, Discretionary Non-prosecution and the Suspension of Sentence, Part Ⅰ tries to effectively distinguish from and reasonably link up with the current related systems; through analyzing the theoretical foundation of the Conditional Non-prosecution system, Part Ⅰ further clarified the significance of the system’s establishment.Part Ⅱ analyses the value of Conditional Non-prosecution system. Conditional Non-prosecution system manifests Doctrine of Prosecuting Discretion, shares same prosecution economic value with other Non-prosecution systems, complements the disadvantages of other Non-prosecution systems and reflects the limitation, mitigation and individualism of criminal penalty.Part Ⅲ reviews the legislation and implementation of the related systems in Germany, US, Japan and China’s Taiwan and Macau. Although the legislation concepts of the system are essentially similar in these countries and regions, given the differences between their litigation traditions and legal systems, the designs of specific systems are different. The reviews on these countries and regions find reasonable designs for China’s Judicature Reform to use for reference.Part Ⅳ comparatively analyses the system’s current situation of practice, and provides improvement suggestions which is the article’s keystone. The author presents the idea of specific structure and further improvement of Conditional Non-prosecution system with Chinese characteristics, including applicable objects, applicable conditions, legal effect, remedy and restriction, applicable procedures, investigation mechanisms etc. Through the comprehensive and specific analysis on Conditional Non-prosecution system, the article aims to provide certain contribution to the system’s further improvement.