On Minor Crime Conditional Non-prosecution System

With the rapid improvement of the quality of life, and the improvement of China’ssocial and economic, juvenile crime is increasing. The emergence of new features anddevelopment trend caused the widespread concern of the whole society. Because ofthe special physiological and psychological characteristics of juvenile, in addition togo astray but has not caused the criminal consequences of minors prevention, to thosewho have already lost the minor offenders should take appropriate punitive measures,but not blindly treat them to accept punishment like adult crime. Otherwise, it is notconducive to the minors cognitive self again, may cause many negative effects ontheir life and learning. The non-prosecution of additional conditions system can solvethis problem well. The system is designed for the minor based on the specialphysiological and psychological established, its’ special program design andimplementation, not only can better education and correction of juvenile offenders,but also has the case of program shunt function which can save judicial resources andembody the principle of litigation economy. The new “criminal procedure law” passedin March14,2012eleventh session of the National People’s Congress fifth conference,and it have already adopted in the non-prosecution of additional conditions as specialprocedure content. China’s legislation on juvenile crime non-prosecution of additionalconditions system established, not only for the practice’s implementation of thenon-prosecution of additional conditions to provide a solid legal basis. It conforms toour country criminal policy of combining punishment with leniency, accords with ourcountry “education, supplemented by punishment” principle, and fully embodies thespecial protection of minors in china. However, although China expressly providesthat a juvenile delinquency conditional non-prosecution system，but because theprovision of the content is quite general, still need improvement in theory andpractical operation.In this paper, analyze and research the minor crime non-prosecution of additionalconditions system through the four parts: the first part introduces the definition andcharacteristics of conditional non-prosecution; the second part studies the foreignnon-prosecution system, and find out what we can learn from; the third part is theanalysis of the practice conditional not to prosecute system of our country at thepresent stage and find out the problems of the system that may exist in the legislationand specific operating system; The fourth part is to explore how to improve our juvenile criminal non-prosecution of additional conditions, and put forward my ownproposals.We can perfect the juvenile criminal non-prosecution of additional conditions fromthe following several aspects: first, expand the scope of application of thenon-prosecution of additional conditions, and relax the conditions; second, to furtherprotect the procedural rights of the juvenile, give the right of choosing procedure;Third, strengthen the protection of the lawful rights and interests of the victim in thecase; fourth, determine the test conditions according to the specific criminal cases ofminors; fifth, supporting the development of help and education measures for minors;sixth, perfect the supervisory mechanism of minors conditional non-prosecutionsystem, internal and external supervision of parallel. This can better implementationof juvenile delinquency conditional non-prosecution system, and realize its propervalue connotation.