Research Conditional Non-prosecution System

With China’s social and economic development, the number of rising crime and judicial resources nervous contradiction is increasingly outstanding, juvenile crime rates have increased year by year, however our country’s judicial resources have not significantly improved, the existing non-prosecution system is not perfect. In Germany, Japan, the United States and other developed countries, including the Taiwan area of our country already built the conditional non-prosecution. The above-mentioned countries and regions of the system, practice, successfully conducted litigation diversion, not only alleviate the social contradiction, and save the judicial resources, this experience is worth us to draw lessons from." Criminal Procedure Law" amendment, for our country the conditional non-prosecution laid the foundation for the establishment. However, because of the narrow scope of application, interoperability is not strong, procedures are not standard and other reasons such as insufficient. Conditional non prosecution system still need to be further studied.Based on this background, combined with China’s actual conditions, this article from the current conditional non prosecution system proceed with, analysis of the existing system and inadequacy, draw lessons from western developed country the conditional non-prosecution advanced part, proposes to expand the conditional non-prosecution of the object and scope of application; system specification of conditional non prosecution system additional conditions, strengthen its maneuverability; improvement of conditional non prosecution system inspection mechanism and supervision mechanism, guarantee its implementation; and clearly conditional non prosecution case review period. Through these initiatives to further improve our conditional non prosecution.