Study On Conditional Non-prosecution System Of China Abstract

On March14,2012, the conference of the Eleventh National People’s Congress adopted the "Decision on’Amending the Code of Criminal Procedure of the People’s Republic of China’" and the new Code of Criminal Procedure would be formally implemented since January1,2013. Its special chapter prescribed proceedings in juvenile criminal cases, in which formally established the conditional non-prosecution system. The establishment of this system endows prosecutors with greater discretion in the handling of juvenile cases, fully embodies non-penalty principles in juvenile criminal justice and special protection policy to juvenile suspects, is the inevitable result of correct implementation of criminal justice policy with combining punishment with leniency, which not only fill the insufficiency in non-prosecution system of the Code of Criminal Procedure of China, but also be significant to the healthy growth of juvenile, respect and protection of human rights, and maintaining social harmony and stability. However, nearly two years since the implementation of the new Code of Criminal Procedure, conditional non-prosecution system sparked some discussion among theorists, and also exhibited some difficulties in the judicial practice. the new Criminal Procedure Law provisions on this system is too simple, showing some urgent problem on current legislation and judicial practice. This article is intended to make a brief analysis of conditional non-prosecution system with three parts in the perspective of the implementation of the new Criminal Procedure Law, and put forward a perfect proposal.The first part is the general theory of conditional non-prosecution system, including concept and values of conditional non-prosecution system as well as the necessity and significance of the establishment of conditional non-prosecution system, etc.The second part is the comparison with extraterritorial conditional non-prosecution and similar systems, illustrate conditional non-prosecution and similar systems of Deutschland, Japan, United States, United Kingdom, Taiwan and other regions, and summarize their good experiences in the legislative and judicial practice. The third part is the thinking on conditional non-prosecution system of China, combined with the operational condition of conditional non-prosecution system since the implementation of the new Code of Criminal Procedure past year, analyze existing problems and practical difficulties of the conditional non-prosecution system, on this basis, learning good experiences of extraterritorial legislation and judicial, make recommendations to improve the current conditional non-prosecution system of China.