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On Conditional Non-prosecution System For Juveniles

Posted on:2014-05-20Degree:MasterType:Thesis
Country:ChinaCandidate:J M ZhuFull Text:PDF
GTID:2296330431971116Subject:Law
Abstract/Summary:PDF Full Text Request
The conditional non-prosecution system for juveniles is established by the newCriminal Procedure Law in China, and it shares similarities and differences in theconditional non-prosecution and deferred prosecution system with civil law system andAnglo-American law system. It is a constituent part of the special judicial system forjuveniles in China, reflecting the special protection for a special group. And meanwhile, itis also a significant supplement of the non-prosecution system, realizing the bufferingbetween prosecution and non-prosecution system. It is the integration of the principle oflegality and the doctrine of prosecuting discretion in China, as well as a significantmeasure for reflecting the non-penalization. On the other hand, the establishment of thesystem is the affirmation and conclusion of juridical practice in China over the past fewyears, as well as the innovation and breakthrough of the current reform of the judicialsystem in China. With the establishment of conditional non-prosecution system forjuveniles, judicial practice is confronted by the problem how to give full play to its effectby combining with the application condition of this system. In this paper, the conditionalnon-prosecution system for juveniles would be illustrated by taking the applicationcondition as the entry point.This paper is divided into five parts.In the first part, the definition of the conditional non-prosecution system for juvenileswas illustrated, and as the specific manifestation pattern of the conditional non-prosecutionsystem, the conditional non-prosecution for juveniles plays an irreplaceable role in thenon-prosecution system. Meanwhile, comparison of the conditional non-prosecutionsystem between some representative countries was also carried out by the author.In the second part, theoretical basis of the conditional non-prosecution system forjuveniles was discussed. There were both affirmations and negativism, which was established in the positive significance of this system in criminal justice. Meanwhile, somecriticisms of this system were discussed and analyzed.In the third part, the conditional non-prosecution system for juveniles in China wasanalyzed. The explicit application conditions of the characterized conditionalnon-prosecution system for juveniles was finally confirmed after a series of developmentstages from constant exploration with practices to affirmation and evaluation of theory,then to the affirmation of legislation, and it was also characterized with inherent features.In the fourth part, the shortages of conditional non-prosecution system for juveniles inChina were analyzed. The establishment of a system would bring numerous considerationsfrom both stipulation and operation level. Although the conditional non-prosecution systemfor juveniles had its specific application condition, it was unavoidable that there areshortages in both stipulation and operation level.In the fifth part, the perfection measures of conditional non-prosecution system forjuveniles were proposed. Aiming at the shortages of this system, especially numerousproblems encountered in judicial time, some proper suggestions were proposed fromapplication condition and operation rules, aiming to perfect this system and practically givefull play to the litigation effect of the system.
Keywords/Search Tags:juveniles, conditional non-prosecution, procuratorial organs, applicationcondition
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