An Analysis Of The China’s New Criminal Procedure Law On The Non Prosecution Of Additional Conditions

Cases of juvenile crime in China is increasing year by year, to the minor crime punishment is not fighting but in construction of prevention of the crime of the social environment and cultural background. The criminal procedure law passed in2012"(Amendment)" will be officially non prosecution of additional conditions into the legal provisions, can be said to be a big progress in Chinese procedural law, is a major highlight in the amendment. In general, set the new criminal procedure law minors conditional non prosecution system is reasonable, the content is complete, strong operability, highlighting the protection of juvenile offenders, stepped out of the non prosecution of additional conditions the first step system firm and cautious, have very important sense. Judicial reform target is to realize the judicial independence, justice so as to better achieve the social. Can say, the non prosecution of additional conditions to improve lawsuit efficiency, reduce litigation pressure, saving the cost of justice, the cases for dividing and educate and save the suspect, and safeguarding social stability, can play a larger role, therefore, in the process of the reform of the judicial system in China, the establishment of this system is consistent with the trends of the times and the trend of the world. This paper is divided into the following sections:The first part, conditional non prosecution system. Introduces the concept of conditional non prosecution system background and legislative status of legislation.The second part, non prosecution of additional conditions into the rationality of legislation. From the three part theory, policy and social aspects discussed in detail.The third part, China’s new criminal law not to prosecute is a fly in the ointment and Countermeasures for conditional. This section from the nine aspects of the new criminal law method in setting of conditional system and puts forward the countermeasures and suggestions.The fourth part, unity and coordination of conditional non prosecution system and the relevant legal system. Mainly introduces the criminal reconciliation system, communication system, where criminal record storage system and the non prosecution of additional conditions of community correction.