Our Practical Application Of Conditional Non-prosecution System

The non prosecution of additional conditions, also known as deferred prosecution,is to meet the conditions of prosecution in criminal cases,corresponding with theconditions and provisions of the criminal procedure law, the procuratorial organs on thebasis of crime involving minor attitude,performance, finally made the decision not toinitiate a prosecution. The system in China was initially the procuratorial organs inorder to carry outthe criminal policy, judicial experiment by combining the practice case,it has fully adapted to the needs of the current social reality, conform to the trend of thetimes. In the course of the trial, conditional non prosecutionsystem is to graduallyexpand the range, by minors, college students, to the progressive development of minorcriminal cases, there may be theunit crime case. Revision of criminal procedure law,apply to the non prosecution of additional conditions also have a such as equal toprovide minors with more opportunity to return to society, to repair the damagedsocialrelations, saves the lawsuit resources, and reduce crime,maintaining stability and so on,the system in our country in the practicalapplication process, also has in criminal casesand the diversion ofimplementing the criminal policy of salvage, the effect on crime ofminors,have certain positive significance and necessity of existence.However, due to the design of conditional non prosecution system, as a newsystem, there are many deficiencies in practice, such as the contentof applicable objectdefined is too simple, applicable scope too narrow,inspection provisions help systemcontents unknown or too limited, not the decision of the main program, the clear notexplicit approval procedures,and no restrictions and related control measures, therelevant legal provisions in the practice are missing, not standardized. Ofcourse,policymakers should consider a system from many aspects, multi anglelook,everything has two sides from the dialectical point of view, has certain rationality, necessity and it exists, there will be some shortcomings, this is the inevitable result. Theauthor only through the application practice ofconditional non prosecution system abouttheir point of view, deficiencycombined with the system of non prosecution ofadditional conditions, thecontent of education system and the system application object,applicable scope, to enrich and perfect, and the decision of the main procedure,hearingprocedure, which limits the application procedures and other provisions is not specific,not standard places a preliminary conception, so as to return the society crime of minorsin the judicial practice process, can not only have a legitimate, standardized procedures,and can be implemented with the process of the system in the specific content of thejudicial practice operation, effective protection for minors the entity and procedurerights.