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On Conditional Non Prosecution System Of Our Country To Expand The Application

Posted on:2015-11-06Degree:MasterType:Thesis
Country:ChinaCandidate:F ChangFull Text:PDF
GTID:2296330467965795Subject:Law
Abstract/Summary:PDF Full Text Request
With the acceleration of economic globalization in the21st century, the criminal offense becomes much more serious than before. The judicial costs in the world are going up and the relative scarcity of judicial resources is becoming increasingly prominent. Meanwhile, with the development and progress of social civilization, followed by the diversification of social values and culture concepts, the traditional criminal system which is based on the retributive punishment has been gradually replaced by the trend of penalty reprieve, individualization and social welfare reform. As one manifestation of the doctrine of prosecuting discretion, conditional non-prosecution institution has significant litigation value. Its functions in terms of the conservation of judicial resources, coordination of interests, reduction in crime and recovery of order have been gradually recognized in the world. As a legal institution which had no clear provision in legislation but had been put into judicial practice in China, conditional non-prosecution institution had been widely acknowledged in judicial practices before it was adopted in legislation. Actually, its nature as a power waiting for prosecution, which is between the power of prosecution and the power of non-litigation, fully reflects the doctrine of prosecution discretion exercised by the prose curators. Undeniably, the legal system belongs to the superstructure, which is inevitability restricted by economic basis. Therefore, conditional non-prosecution institution should be reformed and adjusted according to social and economic development in order to meet the needs of the society. There are too many restrictions and limitations of conditional non-prosecution institution in China, not only limits applicable to minors, but it also goes for the criminal which violated the fourth chapter to the five or six chapter of the article of the Criminal Law, and the crimes which could be sentenced to be imprisonment for one year or less, which makes its value and benefits fail to developed fully. From my point of view, the application of the conditional non-prosecution institution could be properly expanded in China. This article begins with the literature review, which elaborates the theoretical research results of the conditional non-prosecution institution, then points out that it is too excessively constrained and the scope could be properly expanded. The text is divided into three parts. Part One is to introduce the right comprehension and analysis of the conditional non-prosecution and exposes its limits. Part Two is to demonstrate the basis of extending the practical basis from the domestic and foreign experiences about the conditional non-prosecution institution. Part Three further demonstrates the theoretical basis of extending the scope of the institution from the aspects of the doctrine of prosecuting discretion, litigation benefits, the modern theory of criminal law, protection of human rights.
Keywords/Search Tags:conditional non-prosecution institution, discretion, the doctrine ofprosecuting discretion
PDF Full Text Request
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