Research Of Conditional Non Prosecution System

The revised criminal procedure law in a special program to set up the system of minor crime attached conditions not to prosecute, this system is on the basis of not to Sue system, combined with the requirements of the protection of minors in China, aiming at the characteristics of their physical and mental development and is easy to education reform to make special provisions, fully embodies the legislation for minors the vulnerable groups in the special protection on the criminal procedure.This is our country one of the main measures to establish and perfect the system of criminal lawsuit system, is a response to the outstanding problems existing in the judicial practice for many years the positive action, and resulting economic and criminal justice policy in the concrete embodiment of our criminal procedure legislation, and to our country criminal justice governance is of great significance to the more specialized and motors. Procuratorial organs of conditional participants not to Sue system, decision, supervisor, has a big responsibility. Due to the height of the legislative language, new criminal procedure law while on the application of the system of conditional not to Sue a variety of conditions and the necessary supervision and remedy mechanism made in areas such as the relative specific provision, but the system requires too short. At the same time as the attached conditions not to prosecute system establishment time is shorter, introduced the necessary legislative interpretation and judicial interpretation. Therefore in the judicial practice of the concept of conditional not to Sue system, application procedures, inspection and supervision and remedy mechanism etc. There are a lot of confusion, in combination with judicial practice, the writer try to perfect and improve the conditional not to Sue’s advice, to maintain social stability and building a harmonious society and contain and prevent juvenile crime will be in effect.