The Conditional Non-prosecution System In China Perfect Research

The conditional non-prosecution is the result of coordinated construction of prosecution doctrine and the modernization of rule of law.With the new criminal procedure law in force. China formally in the form of legislation to clear the conditional non-prosecution.The conditional non-prosecute is not only political guidance of alternate leniency with severity in China, but also the results of restorative justice which is being widely accepted and extension.In recent years，the establishment of the conditional non-prosecution system, reflects the new course reform of the criminal procedure development trend in the new period,is a breakthrough in the reform of the criminal justice.The new criminal procedure law has increased the conditional non-prosecution system for minor criminal procedure.The provisions of conditional non-prosecution system applicable scope, test and inspection content and procurator organs handling cases procedures stipulated. However, the system of the existence of internal construction is not comprehensive, applicable conditions of standards is not clearly defined, small applicable scope is too small etc.So according to the conditions of our country does not sue the system to establish the fundamental purpose and conditions as a starting point, analysis of value legitimacy and established, and combined with the conditions of the non-prosecution system of judicial practice experience.The suggested solutions to current system, so as to adapt to the current social situation which is complicated and diversified.Specifically, first of all, the definition of conditional non prosecution concept as well as the analysis basis for the establishment of. Secondly, through the analysis of present situation of conditional non-prosecution system in China, and the comparison with the conditions of foreign non-prosecution system, to understand the defects of conditional non-prosecution system in China.Finally, in the then summed up the conditions of our country does not sue the system improvement suggestions.In order to realize the socialist legal system with Chinese characteristics system of continuous improvement and efficiency, human rights and the system of judicial system in China.