Study On Conditional Non-prosecution System

The conditional non-prosecution is the result of coordinated construction ofprosecution doctrine and the modernization of rule of law, whether it is civil law of theGermany, Japan and other countries, or common law of the United States, haveconfirmed the conditional non-prosecution in the legislative system and is widely usedin practice. Our conditional non-prosecution came from the judicial practice of thegrassroots prosecutors which saving for the purpose of education, and formallyestablished in the new Criminal Procedure Law which coming into force in January1,2013. The new Criminal Procedure Law formulate the scope, the applicable premise,additional conditions, the investigating and admonishing mechanisms, the controlmechanism and the force of law in the minors special procedures. Conditionalnon-prosecution system is established to carry out the criminal policy, in line withbuilding a harmonious society and achieving the rule of law and social justice demands,while conducive to the efficiency of the judicial system and human rights oriented.However, conditional non-prosecution system as a new litigation system, thelegislative system design reflects a certain conservatism, rigor and principled, whichresulting system requirements exist many problems need to improve. Based on it, underthe research methods of historical research, comparative analysis and value analysis, thethesis take the fundamental purpose and basic conditions of our non-prosecutionsystem’s establishing as a starting point, combined with judicial practice experience ofthe external domain conditional non-prosecution system, and then put forward thesuggestions for improvement in order to adapt the current complex, pluralistic societyrelations and then better play its value function.