Study On The Conditional Non-prosecution System

In modern times,the criminal system and punishment theory have changed a lot. Accompanied by the generation of doctrine of free evaluation prosecution and flourishing of human society, people have to explore new ways and methods in order to reduce chance of criminal offence. In the process of criminal justice, the individualization of penalty is based on the special needs of prevention, which is the theoretical background of conditional non-prosecution system,which originate in Germany, Japan. After nearly half a century of development and perfection, it has now been adopted by many countries of the world, while we Chinese study on this system relatively late, when the first case of conditional nonprosecution judicial practice system occurred in the nineties Changing District. In 2012.it was incorporated into criminal procedure law in China. However, We cannot deny the fact that it’s new in China. To some extent, the current legislation is relatively conservative, Through a comparative analysis of legislation and judicial practice of other countries, this thesis put forward Suggestions to improve the system.This thesis mainly consist of four parts. Part Ⅰ gives a brief outline of NonProsecution System, Part Ⅱ describes the situation that how non-prosecution system is operated in foreign jurisdictions such as Japan,Germany and Denmark so as to identify a proper way for China to draw experience. Part Ⅲ analyses the conflicts existing between the ideal institutional legislation and current legislation. Part Ⅳtries to find a way out for the further revisions of the Criminal Procedure Law.