Research On The Minor Non Prosecution Of Additional Conditions

A minor procedure of criminal case is a special procedure of our country in the new "criminal procedural law" chapter setting, a lot of progress. Among them, the minor non prosecution of additional conditions received national attention and concern, this system has manifested our country for minors in criminal detection work in implementing the criminal policy of combining. However, the revised "law of criminal procedure" for minors to attach conditions not to prosecute the provisions of this systems only3legal provisions, content is less, not enough detailed provisions. In western countries, on juvenile crime and criminal procedure has a history long, the related theory has been relatively mature, there is a relatively perfect idea. Through the analysis, the relevant systems of foreign countries, the author found that applied in our country juvenile when the conditional non prosecution system is faced with many problems, remain to be solved, to further standardize and improve the. This article from the perspective of the law applicable to the minors to non prosecution of additional conditions, through the comparison with foreign experience, try the main study, from the supervision conditions attached, the victim protection, supporting mechanism to regulate, try to find a solution to the problem, make our country minors to non prosecution of additional conditions can play role in the criminal procedure. This text is divided into four parts:The first chapter of minor conditional non prosecution system. The author mainly introduces the concept and characteristics of conditional non prosecution system, and expounds the theoretical basis of minor conditional non prosecution system, analyze the juvenile conditional non prosecution value. Minors perfecting non prosecution of additional condition, is conducive to the rational use of judicial resources, to achieve the efficiency of litigation value, more conducive to the protection of the legitimate rights of minors, save the minor.The second chapter minor conditional non prosecution system in our country. The author mainly states the minor non prosecution of additional conditions in the three stage of China’s development, from initial exploration to the development and expansion, and then to determine the down legislation, China has made unremitting efforts. The author analyzes the differences between the three kinds of mode, can better grasp of China’s juvenile non prosecution of additional conditions.The third chapter of minor legislation current situation and defect of conditional non prosecution system. The author firstly introduces our country minor legislative situation of non prosecution of additional conditions, the applicable conditions of our country minor conditional non prosecution system. And then through the relevant comparison, summarizes the advantage of foreign related system of minors, points out the defects of conditional non prosecution in our country’s current, provides a way to improve our juvenile non prosecution of additional conditions.The fourth chapter studies on the juvenile to perfect the non prosecution of additional conditions. The author of China’s juvenile conditional non prosecution system, clarifies the importance of setting to minors, the protection of victims of conditional non prosecution system and to minors, the significance of effective correction education. Then the author from the supervision subject, scientific regulations targeted additional conditions, give the suggestion to improve this.