The Analysis Of Conditional Non-prosecution Probation System Construction

Minors are the future and hope of the communityjuvenile criminal justice should be punished to weaken, strengthen education and rescue capabilities, to play a greater emphasis on protection and prevention mission,This is also in line with the international community advocated juvenile criminal justice "decriminalization, non-imprisonment, light punishment" values.But the pursuit of Juvenile penalties set of non-custodial sentence and execution of socialization,does not mean simply be placed at the case of the community, in order to achieve the purpose of education and rescue,establishment of relevant systems is particularly critical.In this context juvenile probation system came into being,and because of its crucial significance for the juvenile criminal justice,beconing one of the important integral the in modern juvenile criminal justice system.In addition to Taiwan、Hong Kong and Macao,China has not yet established a formal system of Juvenile probation. According to the revised Code of Criminal Procedure in2012,conditional non-prosecution formally established in the juvenile criminal proceedings, providing the legal basis for minors suspected of minor crimes in community education instead of imprisonment correcting. In this opportunity,this paper presents the idea to build conditional non-prosecution probation system,in the supervision of conditional non-prosecution of assessment,learn concepts and content designed in probation system,supervision, control, and education to help and protect the minors suspected of minor crimes,so as to restore its social function, to promote their return to society’s aspirations to play right protection and crime prevention functions.This paper is divided into four parts,based on the concept elaborated of conditional non-prosecution probation system, analyzing the necessity and feasibility of constructing conditional non-prosecution probation system,and discussing the construction of main and program in conditional non-prosecution probation system:Part1:Concept definition of conditional non-prosecution probation system.First, introduced the connotation and denotation of probation system,and summarized the proper meaning of probation system proposed in this paper.Secondly stressed the conditional non-prosecution,it defined applicable objects and program design of the conditional non-prosecution probation system.Part2:Analyzed the necessity and feasibility of constructing conditional non-prosecution probation system.The sense of protecting minors on implementing the principle of special protection, to make up for inadequate supervision with conditional non-prosecution,promotion in the return of minors and other aspects of significance, explained the necessity to build conditional non-prosecution probation system. Restorative justice and punishment philosophy of education,the mature experience of foreign countries and China’s Taiwan region probation system, provided a theoretical basis and a useful reference to build conditional non-prosecution probation system in our country, it also had the feasibility.Part3:The construction of conditional non-prosecution probation main.Clearled the functions of procuratorial organs,it is decision main and oversight main.The judiciary social worker is implementation of the main core of the probation.,and analysied the agree in expertise, professional philosophy and professional roles. Social forces assisted execution,including other state organs and grass-roots mass self-government organizations, third sector and companies, enterprises and society volunteers and other organizations and personnel.Part4:The construction of conditional non-prosecution probation program.From pre-set of social survey program and specific settings for the program,emphasized the closely co-ordinated inconditional non-prosecution probation program.Thereby, providing protection for the efficient operation of implementation and forming a strong supervision oo theoverall probation.