| In March 14,2012, the conditional non prosecution system was formally established in the "criminal procedural law" of the people’s Republic of China, to become a choice and the procuratorial organs handling minor criminal cases and minor criminal suspects more favorable new criminal justice system. But this system in the judicial practice, after two years of operation, showing some shortcomings, this paper in judicial practice and existing problems were analyzed by the conditional non prosecution system is discussed, and puts forward some suggestion to perfect our conditional non prosecution system, so the system can get better improvement to better serve the judicial practice.The first part of the connotation of the conditional non prosecution system is analyzed. In this part, introduce the concept and characteristics of the non prosecution of additional conditions, the conditional non prosecution system and the related concept of comparative, discussed the legal value of the system.The second part of the conditional non prosecution system in a comparative study. In this part, after introducing the legislation and judicial practice about the system of foreign law and Taiwan region of our country, introduced the relevant provisions about the system in China, and a similar system of extraterritorial comparative study.The third part introduces the judicial practice of the conditions attached to the grassroots procuratorate prosecution system. Through the criminal prosecution of minors conditional non prosecution case management, introduces the judicial practice of conditional non prosecution procedure, on the basis of the system and the problems in judicial practice are explored.The fourth part is to put forward some suggestions to perfect the system of non prosecution of the conditions attached to china. In view of the system in practice and theory problems, from the entity, procedure, application and puts forward some suggestions, in order to play its due value of law. |
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