Minors With Conditions Not To Prosecute System Research

March14,2012, the fifth meeting of the Eleventh National People’s Congress passed amendments to "the Criminal Procedure Law of the People’s Republic of China". This will greatly promote the development of China’s socialist legal construction process will also further enhance the scientific nature of the criminal justice system in China, civilization. The modify in particular parts of the program, heading to the juvenile criminal case proceedings, provides a comprehensive minors in criminal proceedings in all aspects of the content, but also established for minors The conditions attached to the system of non-prosecution. Litigation system in a country, the conditions attached to the prosecution system is an important part of the prosecution system, both from theoretical studies, or from the actual operation of a country’s criminal justice perspective, it bears tremendous functionality and value. Especially in the aspects of litigation against juvenile suspects and the accused, the legislature should be scientific and rational design of legal content, more comprehensive protection of the minors due process rights and special rights. This article will be of the legislation establishes conditional minors not to prosecute the background of the system, the analysis of the concept of conditional non-prosecution system, and from the law of the operation of the criminal justice integration of criminal justice, rational allocation and use of judicial resources The point of view of the need for our country conditional non-prosecution system. The actual status of the case of minors, in the case of minors for conditional non-prosecution system has important theoretical and practical value. Reality embodied not only in line with the trend of international criminal justice, and also help to improve the social effects of the Juvenile Justice and legal effect, but also of the rule of law to special protection of minors. Articles combined with extra-territorial legal system, select the system in Germany and Japan, with conditions not to prosecute minors system of legislative status of comparative law level visits. The system to learn a lot of useful content of the rule of law in the developed countries in the West. Also by examining these systems in the extraterritorial judicial practice, understanding the system works needs to be noted that some of the key points. The article macro process and basic background of the legislation, with reference to The relevant conditional non-prosecution system and academic interpretation of the amendment with conditions not to prosecute Protection Law of the system for depth profiling. Articulate not only by one of the basic legal connotation, pointed out the need to pay attention to understand the content of the ordinance, but also by the thinking of some of the problems in the comparative study the reasonable conclusion absorption and judicial practice, from multiple angles that surviving the system under the existing conditions in the legislative and judicial levels, and put forward a series of suggestions perfect system construction.