Analysis Of Conditional Non-prosecution System

In recent years, with the doctrine of free evaluation prosecution carried out throughout Criminal procedure system of all the countries in the world, most countries have established that when The Department of public prosecutions institutes public prosecution, The Department of public prosecutions will enjoy Right of discretion or not. Conditional non-prosecution system is exactly a form of Discretion not to prosecute and it is the supplement to the Criminal procedure system in our country, meanwhile it also reflects the demand of Penalty of a light sentence. Individualization of Penalty and Social commonweal. Conditional non-prosecution system has effectively dissolved social contradictions and achieved the organic unity of legal effect, social effect and political effect. Our country has carried on the positive exploration, in the new modification of Criminal procedure law, some related content of Conditional non-prosecution system applied by Juvenile crime suspects is explicitly stipulated in. The Chinese judiciary has achieved the important breakthrough on the system over years, which has great significance. Based on analyzing the connotation theory and value of Conditional non-prosecution system, through the investigation of Conditional non-prosecution system, this essay suggested some strategies to improve Chinese Conditional non-prosecution system.According to the study of Conditional non-prosecution system, this essay can be divided into three parts:theoretical exploration, practical analysis and rules formulation. This essay discusses the basic problems, current state and rules formulation. In terms of theory, at first Chapter discusses the basic problems on Conditional non-prosecution system, including a comparative analysis of the concept characteristics,origin and related system.In Chapter 2, this essay mainly made a careful analysis to the theoretical basis and value in the system, providing some evidence for the rationality, and Tightness of the existence of this system.In Chapter 3, by discussing and analyzing the comparison and reference to Conditional non-prosecution system, the essay arrived at the extra territorial’s advanced legislative model.In Chapter 4 mainly,by analyzing the problems in Prosecution discretion system and the deficiencies in legislation and judicature practice in China, the essay put forward specific improved judicial procedures and the related systems of Conditional non-prosecution system.