Research On Conditional Non-prosecution System

Conditional Non-prosecution System is an important doctrine of prosecutorial discretion which based on The Principle of Opportunity, effective litigation, non-punishment of criminal policy. It expands the prosecution’s discretion, makes up for the presence of non-prosecution, helps offenders returning to the society. It’s legal value has been widely recognized all around the world. Germany was the first one who established the conditional non-prosecution system in the legislation, then Japan, the United Kingdom, the United States and other countries established the conditional non-prosecution system in the legislation, the provisions of the relevant national legislation the conditions attached to the non-prosecution system. Our country studied the system of Conditional Non-prosecution in judicial practice. Since the1980s, some provinces of China have launched a pilot project with conditions not to prosecute, for some minor criminal cases for conditional non-prosecution deal. After twenty years of practice and exploration, in March2012, the NPC and the establishment of a chapter in the "Code of Criminal Procedure," a special program, special provisions conditional non-prosecution system. Since then, conditional non-prosecution system was determined to be the highest form of legislation has become China’s second relatively non-prosecution, legal not to prosecute, the lack of evidence after another not to prosecute a new non-prosecution system. Implementation of the new Code of Criminal Procedure to now, there have been more than a year’s time. We found that the conditions attached to the system whether or not to prosecute were some problems in the administration of justice in the legislation, such as the scope is too narrow, the additional conditions are not clear, the additional term unreasonable, unsound supervision visits. This paper attempts to conditional non-prosecution system, theoretical foundation, explained the problems in order to learn the advanced experience of foreign countries and by Taiwan, China, to further improve our existing conditional non-prosecution system.