Conditional Non Prosecution System In China

With the development of the domestic economy, social contradictions are becoming more and more, all kinds of cases are rising, especially the number of criminal cases is high, the type of crime is increasing, serious crime situation and the lack of judicial resources contradictions increasingly prominent. At the same time, the trend of modern judicial requirements of minor crime processing non crime, non penalty, non imprisonment. In this context, the non prosecution of additional conditions as a non criminal treatment of prosecution substitute measures emerge as the times require, and along with the development of foreign judicial system of continuous improvement. After years of China’s procuratorial organs on the non prosecution of additional conditions for the active exploration and pilot, in2012the revised "Criminal Procedure Law" finally the non prosecution of additional conditions recorded on paper. Although, the legislation has made a breakthrough, but as the system both in legislation and practice are not mature, there are some defects. Based on the non prosecution of additional conditions exist in legislation and practice system flaws, and then puts forward some suggestions, in order to further improve the system.The full text is divided into five parts:The first part is the overview of the system of non prosecution of additional conditions. The concept and characteristics of the system are introduced, in order to fully elaborate on this system.The second part is about the legislative status of non prosecution of additional conditions in foreign countries. The legislation mainly through conditional on Germany, Japan, the United States and other countries of the non prosecution system described, to further understand the implications of conditions in other countries not to initiate a prosecution system in our country. The third part is the legislative situation of conditional non prosecution system in China. Through the practice of the procuratorial organs at all levels of conditional non prosecution system exploration, the revised "Criminal Procedure Law" finally the conditional non prosecution made specific provisions.The fourth part and the fifth part is the focus of the full text, first part elaborates the conditions attached to our new start not to sue the system, the problems existing in the legislation and practice, some of these issues put forward specific proposals.