Research Of Conditional Non-prosecution System

The11th National People’s Congress adopted the fifth meeting of the new "Criminal Procedure Law," and in January1,2013come into force. Out of concern and care of minors, the first time in the new Code of Criminal Procedure explicitly put forward the on minors "conditional non-prosecution" system. The new Procedural Law with conditions not to prosecute the provisions of the system is not exactly the same with the previous theoretical circles on this system to explore, especially with conditions not to prosecute the application of the main body of the system, applicable only if the applicable conditions. Therefore, I believe necessary to discriminate.This article consists of three parts:introduction, body and epilogue.Brief introduction of conditional non-prosecution system in China’s development process, background, and also pointed out that China has established conditions attached to the system is not to prosecute minors for their care and concern for the principles.The text consists of four parts.Part Ⅰ:Overview for conditional non-prosecution, there are conditions attached to the main content of non-prosecution system was established in the background, concepts, characteristics. Were about to establish conditional non-prosecution of the environment; conditional non-prosecution system on the concept as well as a summary of the characteristics of this system I think.Part Ⅱ:Any one generation and the development of the legal system must have its foundation, with conditions not within the prosecution system in the world, has been widely used also have their own basis. This section is conditional non-prosecution system on the theoretical basis and the legal value of the analysis. Establishing conditional non-prosecution system is in line with legal developments in the law, is the idea and the concept of responsibility to protect the combination of discretionary prosecution corollary doctrine, and consistent with the purpose of diversion proceedings, the prosecutor’s performance, and so such an objective obligation based on legal Prosecution doctrine, such as restorative justice, based on economic considerations of public interest and the pursuit of litigation benefit, then there is the world of human rights in various countries are thinking in terms of importance.Part Ⅲ:Prosecution discretionary doctrine was first developed in foreign countries, the legal system in our country can be considered a "exotic", so it is necessary for the world’s other national legislation and rules are compared ideological analysis; in order to identify its similarities and differences, in the hope of China’s prosecution system with conditions not helpful.Part Ⅳ:Mainly first from our current system of conditional non-prosecution talked about the problems in practice, summed up the problem and focus on the emergence of some problems are analyzed, and then combined with a similar system of extraterritorial advanced concepts and practice of the lessons learned, propose solutions to problems, improve the system of conditional non-prosecution.Conclusion part of China to establish conditions attached not to prosecute the significance of the system, and with conditions not to prosecute on the basis of the full text of the system as a whole is summarized.