The Mmechanism Of The Non-prosecution Of Additional Conditions Research

Juvenile delinquency has become a prominent social problem in our country. In order to reduce and control the crime rate, theorists are appealing to draw on the experience from western developed countries to establish suspended criminal prosecution with Chinese characteristics. With previous years of pilot reform experience, the NPC of China finally confirms the Non-prosecution of Additional Conditions in the Law of Criminal Procedure. China’s Law of Criminal Procedure stipulates the the Non-prosecution of Additional Conditions from Article271to Article273, the conditions specifies the applicable object and scope, obligation, test contents, probation period and all possible situations of Non-prosecution of Additional Conditions. In light of the China’s Law of Criminal, the paper will mainly introduce the operational mechanism of the Non-prosecution of Additional Conditions in our country in five parts.Chapter one concerns the usage of provisions of the Non-prosecution of Additional Conditions. It points out that the current substantial conditions fail to cover all features of minor crimes, and are not operational when put into practice. It’s stipulation must take into account other related factors。Chapter two discusses the procedures about the Non-prosecution of Additional Conditions.The protection of the right of the juvenile delinquents requires some corresponding operating procedures, but at this point, although Non-prosecution of Additional Conditions has been established, relevant operating procedures has not yet been regulated. The effective operation of Non-prosecution of Additional Conditions requires the further establishment of completed procedures.Chapter three analyzes how to cancel the sue based on the Non-prosecution of Additional Conditions. The273th of the revised "criminal procedural law" regulates cases of the cancellation, but the two clauses are in conflict. The question that what kind of legal binding directly affects consequences brought by the Non-prosecution of Additional Conditions, whether the legal effect or the possible legal effect, remains unclear. Thus, making the nature of the Non-prosecution of Additional Conditions clear is essential to the study of the cancellation of the Non-prosecution of Additional Conditions.Chapter four addresses the supervision of the Non-prosecution of Additional Conditions of supervision.More judicial discretion is conferred to procuratorial bodies by Conditional non-prosecution system, but the existing legal regulations are not enough to effectively restrict prosecution discretion. To prevent and control the judicial discretion from multi-aspects, great importance must be attached to strengthen the supervision power of the non-defendants and victims.