Theory Conditional Not To Initiate A Prosecution System

The Conditional not to initiate a prosecution system originated in Japan and Germany, inour country local grassroots procuratorate also made beneficial exploration. To the minorsuspects conditional not to initiate a prosecution is the embodiment of the punishmentpunishment culturalization, carry out the criminal justice policy of "tempering justice withmercy", is to the minors’ rights protection mechanism and a move, minor conditional not toinitiate a prosecution system is the embodiment of the prosecution cheap socialism, it cansave the judicial resources to promote the reform of the minor suspects, to realize the specialprevention. In China’s judicial practice, this system has gained many grassroots procuratorialorgan’s identity, and made a useful attempt. In view of the particularity of minors’ identity andconditional not to initiate a prosecution system itself value, protection of minors from rationalallocation of the point of view of judicial resources, combining with the judicial practiceexperience, as well as some problems appeared, on March14,2012revision of the criminalprocedure law fully established conditional not to initiate a prosecution system. However,these rules have their shortcomings, need to be further discussed and perfect to this, in thispaper, the conditional not to initiate a prosecution system to elaborate the concept of, andrelated concepts to boundary points. Comprehensive summary the system theoretical basisand values, but also inspects the conditional not to initiate a prosecution system of theextraterritorial system origin. This paper is to establish new minors not to initiate aprosecution system to carry on the analysis, especially in the judicial practice how to correctlyunderstand conditional not to initiate a prosecution system, how to accurately grasp the minorcrime apply conditional not to initiate a prosecution standards and conditions become anurgent need to resolve problems. Find the possible problems, especially for conditional not toinitiate a prosecution system of supervision and restriction, proposed own solution strategy.