The Conditional Non-prosecution System

The Conditional Non-prosecution System is in the line with the requirementsof tempering justice with mercy in the current harmonious society, which canmaintain the rights of the criminal suspect, and implement the general preventionand special prevention of penalty function, the countries and areas in the worldhave proved the significance of this system’s existence. This paper is based on theview of the Juvenile Conditional Non-prosecution System, through the grass-rootprocuratorates have been analyzed some specific problems in the process ofpractice, included the applicable scope, conditions, education evaluationmechanism, supervision and restriction mechanism and etc..The author, act as aprosecutor to participate in the Juvenile Conditional Non-prosecution practice, inthis paper who uses the empirical research, comparative analysis and othermethods, trying to show the real status of the criminal practice of the JuvenileConditional Non-prosecution, to promote the Juvenile Conditional Non-prosecution in the criminal legislation and provide a useful improvement referenceand supplement to the procuratorial practice.This paper includes three parts: introduction, body and conclusion. The bodyis divided into three chapters. The first chapter is mainly elaborated on the conceptand theoretical basis of the Conditional Non-prosecution System. The secondchapter is mainly analyzed the Conditional Non-prosecution System of Japan,Germany, America and China’s Taiwan. The third chapter is the empirical researchon the Conditional Non-prosecution System, through three grass-rootsProcuratorate’s cases, posting the problems of the Juvenile Conditional Non-prosecution on the judicial practice, and the author gave some suggestions.