Minors With Conditions Not To Prosecute System Research

At present, the crime of minors has become increasingly prominent, which already become a serious and cannot be ignored social problem. How to punish accurately and prevent effectively minors’crime, it is an important problem placed in front of justice. Today, the handling of minor slight crime more and more tends to be decriminalization, non-punishment and non-imprisonment. Moreover, international society supports special protection for minors and other vulnerable groups. Our country has established the criminal policy combining punishment with leniency in order to develop socialist democratic politics, to accelerate the height of the construction of socialist legality country. In order to carry out the criminal policy combining punishment with leniency, maintain and safeguard the litigation rights of minors and other legitimate rights, amended criminal procedure law add minors with conditions not to prosecute system under the base of practice. However, the current law gives the limited space to minors with conditions not to prosecute system and be short of clear objective criteria for the applicable conditions and inspection items. All these influence and restrict the value and practical effectiveness of conditional non-prosecution, which make it difficult to effectively grasp in practice. In this paper, combining with the procuratorial work practices of Wuhai area, we not only study the minors with conditions not to prosecute system, but also deeply analyze the legislative and judicial practice problems of Wuhai area. Furthermore, in order to improve the legislative norms and build innovative mechanisms, some countermeasures are proposed. It is very necessary to improve the legislation, establish effective working mechanism and add the operability and actual results of conditional non-prosecution in Wuhai area, which is benefit to in-depth implementation policies and principles in handling the crime of minors. In addtion, it is also benefit to help the juvenile delinquency return to a healthy growth path to the most degree.