| There are lots of light spots in modifications of the new criminal procedure law,among them the system of conditional non-prosecution was first bringing into it. Thearticle271of “criminal procedure law” stipulates:“When a juvenile is suspected of acrime in Chapter IV, V, or VI of the Specific Provisions of the Criminal Law and maybe sentenced to fixed-term imprisonment of one year or a lighter punishment, if theprosecution conditions are met but the juvenile suspect has shown repentance, apeople’s procurator may make a conditional non-prosecution decision.” The set ofconditional non-prosecution will promote the criminal contentious procedure of ourcountry to develop towards direction becoming more meticulous, scientific andaccord with our criminal policy.This paper firstly made a brief introduction to the system of conditionalnon-prosecution. Secondly via review of the effect of a few typical countries thisadopted that system, deliberating the way of localization. Thirdly, refer to the exampleof cases of which various regions have been actively reformation before modification,analysis the deficiencies of the currently system of the conditional non-prosecution.Last, propose a series of suggestions for modification which include appropriateexpand the scope of application and test period, clear and definite the conditions,improve and perfect the appeal methods, establish related assort system.The system of conditional non-prosecution has been adopted by most countries.Scientific and rational use of conditional non-prosecution would lighten judicialauthority’s pressure, save judicial resource, make the limited judicial resourceeffectively, and relieve the contradiction among the rare judicial resource andincreasingly criminal offence, and carry out our criminal policy, take effect asdistributor and filtration. On one hand, it can repair the damaged social relationshipseffectively, on the other hand, it can concentrate the judicial resources to strike andpunish the felony. |
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