An Empirical Study On The Non Prosecution Of Additional Conditions

Conditional non prosecution system originated in Germany, Japan and other countries, is reflected in the criminal procedure law of the doctrine of prosecuting discretion, this system can better improve litigation efficiency, promote the recovery of social relations. China started the pilot of this system from the 90’s of last century, has carried on the beneficial exploration for the system of non prosecution on conditional and scope, and played a good social effect. On the basis of the pilot, China formally established in January 1, 2013 this system.Study on the conditions of non prosecution system to improve our system of public prosecution in our country, more rational allocation of judicial resources, it is of great value and significance to promote the development of the cause of safeguarding human rights in China.This paper from the three cases discussed the non prosecution of additional conditions encountered in our practical problems during the process of. First of all, the criminal procedure law of conditional non prosecution system is applicable to the object is limited to minors, the applicable scope is limited to the criminal law of the fourth chapter and the fifth chapter and the sixth chapter of the crime, the author thinks, this regulation is too narrow, it should be appropriate to expand the applicable object and scope of application, such as extending the application to the elderly, to enlarge the applicable scope to the crime of endangering public safety. Secondly, we should perfect the non prosecution of additional conditions of supervision and inspection system. The criminal procedure law provides for the supervision and inspection by the non prosecution of additional conditions people are too general, lack of maneuverability, investigation system to supervise the suggestions from the non prosecution of additional conditions of the test period, subject of supervision, inspection content and its revocation condition four aspects. Finally, an important problem of how to distinguish the application of conditional non prosecution system in practice and the relative non prosecution system is in practice, the author combines the legal provisions and the research results of many experts and scholars, put forward their views, hope the practice application of the non prosecution of additional conditions to help.