Study On The Supervision-and-education System Of Conditional Non-prosecution

The conditional non-prosecution has been established in the latest Amendment of Criminal Procedure Law to protect the slight criminal minor by a decriminal way.This legal system is the practice of the policy of "education, influence and rehabilitation" and the insist of the principle of "education first,punishment supplemented".Many cities have carried out this legal system before it been established,but how to implement the inspection and education is the bottleneck.Since this legal system has been established,how to implement the supervision-and-education to enable the criminal minor can return to society smoothly,need to intensify the scientificity of the supervision-and-education system.This thesis is an empirical study that is based on the law and the practice,The author firstly introduce the background and institutional framework of the supervision-and-education, than determine the whole paper will follow the clue of subject,object,content and the consequence and unfold around it.In this paper,there’s both empirical research and comparative study. As the earliest to implement this mechanism and already formed their own mode,Beijing, Shanghai and Taiwan was be chose as the reference of domestic.Meanwhile, As stand for three kind of law system, Japan,USA and German was be chose as the reference of overseas.Except the introduction,the author summarized the successful experience of those districts for later reference.Finaly,the author pointed out the deficiencies in the present system of China and analyzed them.In the end,the author gives proposals to perfecting this system.