Study On Conditional Non-Prosecution System In The New Criminal Procedural Law

In recent years, with the growing number of juvenile crimes, effective containment and prevention of this tide by the means of law has become a major concern of the whole society. Aimed at solving the problem, non-prosecution of additional conditions is set up as a substitutive system of the new criminal procedural law. Considering the fact that there are only three generally-stated legal provisions related to the system, this paper probes into a detailed study on non-prosecution of additional conditions, based on the principle and procedure of "find the problem-analyze the problem-solve the problem". The whole paper consists of four chapters.The first chapter is a brief introduction:its implication and characteristics; development history and practical situation.In the second chapter, deficiencies and problems existing in its practical application are demonstrated and analyzed from five aspects:inappropriate legal terms, confusion with relative non-prosecution; position-irrelevant conditions; unhealthy help-and-education assessing mechanism and narrow application range.The following chapter is a theoretical review and study on the possibilities of the improvement of the system:its legislative and practical value; enlightenment of extra-territorial legislation.In Chapter four, a thorough exploration of conditional non-prosecution system is conducted and suggestions are offered:the term "deferred prosecution" is comparatively more scientific; its relationship with relative non-prosecution is more clearly defined; its range of application is enlarged and widened; conditions are more targeted; help-and-education assessing mechanism is improved.