Research On Conditional Non-prosecution System To Minors

Minors are the backbone of the country and nation. The healthy growth of theminors often concerns to the harmony and stability of the society and hundreds ofmillions of families. And it’s even critical to the state’s future and the development ofour country. So it is necessary to enrich and develop policies and measures to cutdown the rate of minors’ crime. In order to protect the legitimate rights and interestsof minors, Judiciary should strengthen protection to minors. Such we can make theprotection system to minors more scientific, more reasonable and more effective.On this basis, conditional non-prosecution system to minors arises as anon-penalization alternative measure. Conditional non-prosecution system to minorsis a milestone of criminal procedure in our country. It experienced three stages whichinclude newly established stage, extension stage and pause for questioning stage. Thecriminal procedure law of the People’s Republic of China come into effect in January1st2013, which adds conditional non-prosecution system in the minor’ procedure ofcriminal case. This system protects guilty minors who are in line with the conditionsfor prosecution, and those who are full of repentance. After investigating，theprocurator organ make the decision that not to prosecute at last. Conditionalnon-prosecution system reflects the policy of “educate, humanize, and save for theguilty minors”, and also reflects the application of restorative justice in our judicialsystem. It provides the important basis for the principle of taking education as themain method and punishment as the subsidiary shall be upheld. It shows ourimportance to minor offenders in the country. It’s very important to return to a normallife on the minor crime anew.As a new litigation system, conditional non-prosecution system has a great effecton minors. But it also has some weak point and need a period of transition. This papermake a comparative study on the similar system in Germany, Japan, the USA, andUK with the conditional non-prosecution in China. The study found conditionalnon-prosecution system has some problems in the practical application such asnarrow scope of application, low application rate, also, the conditions attached to visitand targeted is not strong, investigation of the mechanism is not perfect, therestriction of the parties, the relief mechanism is not perfect, the status in conditionalnon-prosecution system is lack of initiative and lead to the abuse of power.By using the experience of the judicial practice in abroad, this paper hopes tomake the conditional non-prosecution system consummate. Such as, expand the rangeof application of the system, set perform duties, establish education and inspectionmechanisms, strengthen the inspection organ discretion supervision and so on. According to the research, penman hopes that the article could help to perfect theconditional non-prosecution system, and realize its intrinsic value. So that we canmake this system play a greater role to protect the rights of minors.