Research On The System Of Conditional Non-prosecution

Conditional non-prosecution is also known as "deferred prosecution" and "suehesitation". The establishment of the system is to correct the criminal suspect and repair thedamaged social relations.According to the nature of the case, the harm of crime, the age ofthe criminal suspect and the consistent behavior as well as attitude after the crime, TheProsecution urge the Suspect to fulfills its statutory obligation within a certain period of timeinstead of prosecute. If the Suspect fulfills its statutory obligation within a certain period oftime, it will cause the termination of the proceedings.Conditional non-prosecution system is a criminal diversion program which originated inJapan and Germany in order to solve the contradiction between high crime rates and therelative lack of judicial resources. It become a mature litigation after the establishment in theUnited States, Taiwan and the other countries. Conditional non-prosecution reflects doctrineof prosecuting discretion and the principle of litigious efficiency, and deeply reflect the valuenotion of resuming judicial, and conforms to the world criminal’ reforming trend of no-crime,no-penalty and no-confinement. The system plays an important role in saving judicialresources, rectifying the suspect and preventing crime as well as restoring the damaged socialrelations.In recent years, Conditional non-prosecution system was introduced by China’sprocuratorial organs and gradually applied in judicial practice. On the aspect of protectingjuveniles and distributing judicial resource reasonable, our country established conditionalnon-prosecution system through the revision of criminal procedure law.The newly revisedcriminal procedure law formulate the applicable objects and scope of conditionalnon-prosecution system as well as investigation supervision mechanism and remedy approach.Soon afterwards,the Criminal procedure rules was pronounced to supplement the relevantprovisions. However, The rules of conditional non-prosecution system are fundamental andgeneral, the application scope of conditional non-prosecution system is very narrow. Effectiveness is not clear. Supervision and restriction mechanism is not perfect. In order toserve judicature practice, it requires further improvement and some necessary mechanism.