The Legislation Perfection On Non-prosecution Of Additional Condition

In recent years, with China’s rapid economic development, the social st ructure has undergone tremendous changes.The time not only transform the p olitical economic and cultural, but also broken the old social relations. How ever new social norms have not been established immediately, so social con flicts are intensified, and the crime rate is also rising. In addition, new types of crime, organized crime, evil forces crime are more and more. There are ar duous task to fight and prevent crime. Faced with the sharp crime rate, it is hard to strictly accordance with the traditional lawsuit mode when judicial o ffice content society needs. So the judicial organs try to explore and innovat e continuous more suitable method in judicial practice.At the same time, th e law absorb some mature ways. "Criminal Procedure Law" revised in 2012, conditional non prosecution system are absorbed in the criminal procedure law of our country. Conditional non prosecution system is established, which is a major highlight of the 2012 new criminal procedure. As everyone know s, the procedural law is not to be intended for publicity, But to be applied in judicial case. By now, the conditional non prosecution system has been for mulate more than two years, in the judicial practice, the system used in the ca se is a little, so we have to think about the value of the non prosecution of additional conditions. In the pilot process, the establishment of the conditiona l non prosecution system aims to through expand prosecutors’ power to dis cretion to prosecute or not, to diverse of cases, so reducing the number of c ases in the trial stage, and alleviate the pressure, meanwhile offer a good wa y to minor suspects to return to society. In the early practice, this system h as achieved better legal effect and social effect, but as a universal system in the country, it suffered cold. This shows that our conditional non prosecution system in the design of the system in a hurry, so system design is not reaso nable, and the supporting system is still not perfect, in one word,there are many aspects need to be improved. Our conditional non prosecution system is a small juvenile criminal field, there are a variety of problems are inevitabl e in practice, the conditional non prosecution system, also need to continue to improve and perfect before it can play its due role.In this paper, based on the legislation of our conditional non prosecution system of construction, and according to comparing with foreign related system defects, re-examin e our conditional non prosecution system in our legislation and practice. In this paper, based on the situation of our country, put forward the feasible suggestion for the perfection of legislation.