Study On Juveniles’ Conditional Non-prosecntion System

Juveniles’ Conditional non-prosecution system is a public prosecution systemthat decide whether institute the juvenile criminal suspects or not based on juvenilecriminal suspects’ behavior in the probationary period which is along with someprobationary conditions, set according to the juvenile criminal suspects’circumstances of the crime, attitude toward admission of guilt and the performance toshow repentance.Conditional non-prosecution is the use of doctrine of prosecuting discretion inthe criminal procedure and the embody of prosecutorial discretionary power, which isdifferent from legal non-prosecution, relatively non-prosecution, and leavesundecided non-prosecution, and which have substantial distinction with probation,suspend judgment and plea bargaining. The new Criminal Procedure Law haveestablished juveniles’ conditional non-prosecution system but need further perfectbecause the legislation is simple and lack of practice guidance. Author will state howto further improve our country’s juveniles’ conditional non-prosecution afterwardsaccording to the physical and mental characteristics of juvenile and the characters ofour country’s juvenile criminal proceedings, taking examples by other countries’ ruleof juvenile conditional non-prosecution and procurator organs all of the China, andcombining our national conditions.The chapter one stated the content of juveniles’ conditional non-prosecution andthe discriminate with other related concepts, the theory, realistic meaning andtheoretical basis of establishing juveniles’ conditional non-prosecution system. Thechapter two mainly analyzed the legislation and practice of conditional prosecutionsystem of German, sue-hesitation system of Japan, defer prosecution system of theUSA and delayed prosecution system of China’s Taiwan region, and introduce thedevelopment history of our country’s conditional non-prosecution, using comparisonapproach and historical method and refer to related materials and opinions. Chapterthree focus on discussed our country’s juveniles conditional non-prosecution system’srunning status and found some reality questions exit in the use of conditional non-prosecution proceedings, based on the evaluation of some areas conditionalnon-prosecution trial that used by procurator organs. Chapter four gave some advicesto perfect the establishing of juveniles’ conditional non-prosecution system, aim atperfected social investigations, the supervisory and restrictive system and educationmanagement mechanism in the base of the problem of our country’s juvenileconditional non-prosecution system.