With Conditions Not To Prosecute A Number Of Research Questions

The non-prosecution of additional conditions system was formally established inthe amendment to PRC Criminal Procedure Law in March,2012, which theoreticalevidences are the thought of penalty individualization and the policy of combiningpunishment with Leniency, created to make up the deficiency of the current relativenon-prosecution system and perfect the system of criminal procedure.In the amendment to PRC Criminal Procedure Law, the applicable conditions,supervision and investigation, revocation and expired inspection of non-prosecutionof additional conditions system are only stipulated in the271st to the273rdclauses,seems that the scope of application is too narrow. Moreover, the stipulation ofthat regard the procuratorial organs as the observing organs does not conform to thereality; the provisions of the regulations the inspected should abide is notcomprehensive enough; the victim could bring a private prosecution is contract withthe practice; the procedure of the non-prosecution of additional conditions isunreasonable.Therefore, the author thinks that the scope of abblication should belimited in the scope of the cases could be placed on probation; considers the PublicSecurity Organizations as the observing organs, which could organize the basicorganizations the inspected in to inspect the inspected, such as the schools,departments, communities; and stipulates that the suspected and the victims couldonly appeal to the higher-up Procuratorial Organs but could not appeal and bring aprivate prosecution to the court; and the procedure should be that defer theprosecution decision first, then inspect the inspected, and make the decisions ofprosecution or not according to the result of inspection at last.The author thinks that the biggest problems in the practice of the non-prosecutionof additional conditions are the followings. Firstly, it is difficult to distinguish theconditions that some certain cases should apply to the non-prosecution of additionalconditions,or the relative non-prosecution.This is caused by the indeterminaterelationship between the non-prosecution of additional conditions and the relativenon-prosecution.The author thinks that the relative non-prosecution should be applied first when there’s a conflict in the scope of application, the non-prosecution ofadditional conditions should be applied first in the special procedures.Secondly, in thejudicial practice, the Procuratorial Organs are unwilling to apply the non-prosecutionof additional conditions, which is relative to the law enforcement idea of theProcuratorial Organs and the lack of an operational rules for the implementation. Inthis connection, the author put forward her own suggestions on the operation of thenon-prosecution of additional conditions in the juridical practice.