Research On Application Of Conditional Non-prosecution System For Minors

The conditional non-prosecution system for minors is a kind of criminal non-prosecution system which is defined by the revised "Criminal Procedure Law". This system is concerned in the community as the reflection of China’s criminal leniency-severity policy. The revised Criminal Procedure Law’s provisions for the conditional non-prosecution system for minors are only3articles, the content is very few. The prosecutors still have many difficulties in application of the conditional non-prosecution system for minors. It is need to be standardized and improved. In this paper, the author analyzes how to apply the conditional non-prosecution system, in order to find the specific path to standardizing and improving the regulations about applicable scope, additional conditions, and application procedures. This paper is divided into six chapters:Chapter Ⅰ—The author analyzes the establishment of the conditional non-prosecution system for minors, and summaries the practical experience of this system. Through comparing this system with the related system in other countries or regions of the continental law, in order to pointed out the feasible direction of perfecting this system.Chapter Ⅱ—From the viewpoint of criminal policy, the author researches the theoretical basis of the conditional non-prosecution system for minors. Through exploring the theory origin of the conditional non-prosecution system for minors, the application of this system will not violate the basic principle of international criminal policy.ChapterⅢ—The author deeply analyzes the characteristics of the conditional non-prosecution system for minors, in order to proposed guidelines for application of the conditional non-prosecution system for minors.ChapterⅣ—To help understanding the contents of the conditional non-prosecution system for minors, the author analyzes the applicable conditions of this system. Then the application of this system will be more correctly. ChapterⅤ—In order to make application of the system be more operable, we need to apply the provisions of procedure.ChapterⅥ—From researching on the problems met in judicial practice, the author puts forward some legislative advice about the perfection of this system, which can better serve the judicial practice.