The Study On The Implement Of The Conditional Non Prosecution Of Help And Education System

Education and inspection system as the core content of conditional non pro secution, it is scientific and rational or not, which directly relate to conditionalnon prosecution can play the role of education, probation, save to person who i s not to be prosecuted. Education inspection system exist what problems, how to carry out targeted perfection, need on the basis of practical observation to d iscussion. This paper mainly uses the method of analysis, empirical study anal yze a district procurator ate help and education management to misdemeanor of j uvenile,in order to find the deficiencies of help and education inspection syste m in conditional non prosecution, and then on the basis of this, put forward t he corresponding improvement suggestions.Apart from the introduction and conclusion, this paper is divided into four parts, about 25, 000 words:Part I, Conditional non prosecution relevant contents of education inspection.Its content mainly involves the study of education concept, nature and educatio n characteristics three aspects. First of all, in 2013, the new "criminal procedural law" established the conditional non prosecution system and provided to accept supervision and inspection in the test period. Conditional non prosecution help and education inspection refers to the procurator organs not to prosecute for con ditional minors in legal test period. Combined with the social forces to carry out corresponding education supervision, its essence is the treatment of a no criminali zation. Its purpose is to use alternative measures, to help them wipe out bad be havior and psychology of crime from out side of criminal procedure, and compl ete self remodeling. Secondly, in the national criminal policy is moving in the "gently heavy" direction of development trend, conditional non prosecution helpand education inspection system reflects the changing concept of penalty ch ange from retribution punishment to education punishment and purposive punis hment. It is the criminal policy of combining punishment with leniency, restorati ve juvenile justice and diversion of juvenile justice and other minor judicial philo sophy reflect on the level of specific system. It has the characteristics of lega l, public welfare, non mandatory, social participation.Part II, Conditional non prosecution on the practice situation of help and e ducation system. First of all, the article takes the C city S District People’s proc urator ate help and education management as an example, Collect relevant dat a from 2009 to 2013 about S District People’s Procurator ate minor help and ed ucation management case, analyzed the rationality of selecting S district procura torate as sample, that is, the stage of application, the applicable object, the educa tion management, inspection agencies, applicable condition are highly fit with help and education inspection in conditional non prosecution. Secondly, to study th e operation of the S District procuratorate’s help and education inspection, it sho uld include the introduction of the basic contents, including the applicable speci fications, work way, and help the applicable objects, the measures and how to car ry out the education results assessment. Finally, from the point of view of educat ion object returning to society, the S District procuratorate’s helping and educati ng management mechanism indeed played a certain effect, but still lacking of re asonable measures.Part III, The main problem of help and education inspection system in con ditional non prosecution. Based on practical observation, combined with the rele vant legal provisions in our country, the problems of conditional non prosecuti on of education inspection mainly include six aspects: Lack of a uniform manag ement specification, lack help and education of specialized management instituti ons, educators specialization is not strong, help and education measures single, i nspection results and assessment standards is not scientific, Prosecutors are simpli city in Mental. This essentially reflects the help and education inspection syste m has not yet formed the efficient operational mechanism.Part IV, Perfection about help and education inspection system in condition al non prosecution. Combination of above two parts, According to the help an d education inspection system of the conditional non prosecution problems in pr actice, we can from two aspects to perfect: On the one hand, according to the specific issue part points out, we can formulate a unified education managemen t norms, set up special education research institutions, strict education personnel s election, create diversified help and education measures, establish the reasonable e ducation appraisal system and establish conditional non prosecution of evaluation i n seven aspects to perfect. On the other hand, essential supporting effective oper ation of any system cannot do without the other system. The help and education inspection system in conditional non prosecution need to form an effective lin k with the minor social investigation system and criminal record storage system, t o ensure that after the procuratorial organ making the conditional non prosecuti on decision, education object from entering the inspection procedure to the end o f the procedure, their legitimate rights and interests are given due protection.