Research On Chinese Conditional Non-Prosecution System

Conditional non-prosecution system is rooted in the legal system of Japan, Germany and another civil countries. Conditional non-prosecution has been introduced into our country for the value of protecting human rights and separating litigation, but the legitimacy and the legality of the system was being put in doubt until 2012.Conditional non-prosecution has been signed into the newly revised Criminal Procedural Law in 2012, and the law has constructed the rules of the suitable objects, the probation period, the content of probation.From the first appearance of the system in the people’s procuratorate of the Changning district of Shanghai in 1992 to stipulation in the Criminal Procedural Law in 2012, conditional non-prosecution shows the practice forced legislation reform, but the limited application, lack of unify application, the absence of supervision mechanismsmake the operation methods are different in different parts. With these uncertainties of the system, there are no doubt a lot of uncertainty problems. Consequently, Conditional non-prosecution system need to be further improved, and we should combine theories with practice. Finally, a complete operation system, which suits the characters of judicial system of our country, should be established. This paper mainly consists of three parts. Normative research and interview investigation have been used. This paper analyses the practice and questions of the system before and after the legislation by making a comprehensive review of the development of conditional non-prosecution system in our country, so as to identify a proper way for China’s judicial system.Part Ⅰ : “How the system arose: the development of the conditional non-prosecution of our country”. This part gives a brief outline of the production and developing process from three stages: initial stage, developing stage, perfecting stage. This part also provides support for the next chapters.Part Ⅱ: “Effect analysis: the practical analysis of conditional non-prosecution of our country and examining the system’s functions ”. This chapter analyses the practice situation of the system, and lay a foundation for the next discussion.PartⅢ: “Problem and reforms”. This part falls into two parts: exploration of the problems, improvements and reforms. It also discusses the conflicts existing between the practice and current legislation and tries to draw the extraterritorial experience to improve the system.