Study On Conditional Non Prosecution System

On the bases of the study of conditional non prosecution abroad, China carried out a great deal of practice and academic discussion in the field of the non prosecution of additional conditions. In the background of the pilot practice, conditional non prosecution system was written into the new criminal procedure law in2012. The conditional non prosecution system of current criminal procedure law is a special procedure for the juvenile crime. It is the implementation of the criminal policy of combining punishment with leniency in the field of criminal law as a special protection on the rights of minors. In the academic discussion before conditional non prosecution into the law, different arguments was generated and continued until the system into the law. It was mainly concentrated in the applicable scope, applicable conditions and the specific procedures of the system. So the system of the conditional non prosecution was incorporated into the law with dispute and then the law was in the debate.The system of conditional non prosecution play an important role. On the one hand, it can speed up the process of criminal action, improving judicial efficiency so as to reduce the burden of the grass-roots court. The reason is that the system itself can extremely draw attention of the judicial authority with its economic value. On the other hand, the system play special protective role in the field of human rights of minors which is useful for juvenile suspect with the humanistic spirit. It is the intrinsic value that make many scholars advocate this system.The first chapter introduces the connotation and characteristics of the system of conditional non prosecution and makes comprehensive interpretation of the concept and the definition of the system.This part also refines the unique characteristics of this system, such as namely applicable scope, purpose of the non punitive and so on. The second chapter discusses the philosophy foundation and the law background of the system of conditional non prosecution. Through the analysis of the philosophical basis of conditional non prosecution, the author analyzes the superiority and the legitimacy of that system superiority and refereed that the system should be written into criminal procedure law in urgency and necessity. In the third chapter, through the study of similar systems in the world and sum up the experience of main countries in practice such as America, Germany and other countries, the author summarized the significance of the system of conditional non prosecution for China so as to solve the problems occurred in practice and make our conditional non prosecution system more perfect.The fourth chapter mainly analyses the current applicable condition of the system of conditional non prosecution in practice of our country. Through the analysis of the application-al condition of procurator authority, the various problems occurred in practice were sum up and arranged so that a suitable solution can be found. In the fifth chapter, the author put forward the solutions to solve the problems existed in the practice and the measures to improve the system when the law amended in the future by comparing the foreign related system.How to achieve the effect expected in practice and legislation has been a problem discussed by many scholars and legal person,because conditional non prosecution system was brought into the law for a short time and the related experience of practice is not sufficient. As one of the new criminal procedures and the pursuit of the criminal judicial efficiency, to make the system of conditional non prosecution implement and apply in practice is also a topic concerned about by a large number of the prosecutors for a long time. The criminal procedure law currently have made comprehensive provisions on the applicable scope and procedures of the system of conditional non prosecution, but the relevant judicial interpretations have not made specific provisions. Compared with the type and scope of academic debate, the system of conditional non prosecution have been included into criminal procedure law with the cheers of people working in the field of law, while the suitable case is still too narrow and the expected effect of the law has not reached. In this article the writer summarizes the problem of current system of conditional non prosecution and puts forward he corresponding measures so that the applicable scope of the system can be expanded and refined when the law be changed and the judicial interpretations promulgated, the effect of the law will reach a higher level.