Research On The System Of Conditional Non-prosecution

With the deeper development of the modern criminal justice theory and the innovations and reforms of judicial practice,the non-prosecution system will be confirmed and wildly used in the judicial practice among many countries in the form of legislation. In China, with the mention of the criminal justice policy and harmonious enforcement philosophy, many district (county) level learn the advanced experience from foreign countries to go on pilot work, the conditional non-prosecution system is firstly advance practiced as an judicial reform, there are still many problems when it works effectively, which is urgent to be unified and standardized by legislation。In March2012,《criminal procedure law)) have been amended by National People’s Congress, ruling the conditional non-prosecution of Juvenile,It’s the first time in China to legislation in the form of conditional non prosecution to be officially confirmed, which have significant meaning., but there are still too many problem,such as narrow scope of application, the additional conditions,the legal effect,the problem about the role of procuratorial organs is still not clear, the lack of additional conditions, the problem about supervision and relief mechanism is not comprehensive regulations in this system, and it contradicts the initial idea of legislation.This paper attempts to analyze about system of legal theory、legislation and judicial practic, in order to prove its feasibility and unique effect in criminal lawsuit, and try to read and demonstrate the non-prosecution system of minor in the new 《] criminal procedure law》.According to the existing problems, this paper put forward the legislative suggestions and judicial suggestions about fulfilling the conditional non-prosecution system from expanding the scope of the non-prosecution system,confirming the additional conditions and the legal affections of the conditional non-prosecution system,fulfilling the community’s correctional system and establishing an effective supervision and remedy mechanism.This article is divided four parts of conditional non-prosecution system to in-depth analyze and interpret。 The first part is based on analyzing the establishment of China’s non-prosecution system background of legislation, pointing out that the non-prosecution system about the Juvenile in the new ((]criminal procedure law)) is given birth to on the bases of adapting the the legislative development and judicial development.In this level, this paper deeply explored the property,legal basis and the unique function of conditional non-prosecution system.The second part is giving the examples of conditional non-prosecution system from America and Japan,introducing the great experiences from its legislative contents and practical conditions,so that we can learn something useful from them.The third part is talking about we’re on the basis of the non-prosecution system about the Juvenile in the new 《]criminal procedure law》,rereading it from useful conditions,useful process,additional conditions and the legal affections,and pointing out there’s necessary to fulfill and improve it because of the problems,for example,the scope is too narrow,it’s not clear about additional conditions,legal affections and the role of procuratorial organizations,as well as the problems of supervision and aid agency.The forth part is talking about putting forward the legislative suggestions and judicial suggestions about fulfilling the non-prosecution system from expanding the scope of the non-prosecution system, confirming the additional conditions and the legal affections of the non-prosecution system,fulfilling the community’s correctional system and establishing an effective supervision and remedy mechanism.