Minors Conditional Not To Sue System

At present, our country is the period of social transition, a variety of adverse factors to induce a minor illegal crime through various channels, the grim situation of minor crime. Due to the high crime rates of minors and the requirement of the society for the protection of minors, the newly revised in2012of the criminal procedure law of the People’s Republic of China, formally established the system of conditional minors not to prosecute.This system not only actively responded to the judicial practical departments about the construction of legislation our country system of conditional not to prosecute, and fully demonstrates China’s special protection and care of the minor criminal suspects, showed in view of the juvenile criminal justice the principle of crime and the punishment, embodies the core of the spirit of "restorative justice". However, in this system use case scope too narrow; In the practice of supervision and restriction mechanism and the victim protection mechanism is not perfect; The lack of the related mechanism factors may lead to unfair phenomenon occurring in the process of operation.This article research mainly lies in the conditional minors not to Sue system, in order to later points to further perfect and contribute their strength. In this paper, the main contents include conditional minors not to Sue system characteristics, as well as the development of the system in our country at present stage the deficiencies, and at the same time, combining with related regulations and the relevant provisions of the present foreign, conditional on minors not to Sue system is how to perfect, put forward their own views and opinions. This paper mainly revolves around the following questions.In the first chapter, research the meaning and basic theory of conditional not to Sue system, from to continue to carry out the criminal policy of tempering justice with mercy, can protect juvenile offenders get good physical and mental development, improve the judicial and litigation efficiency, saving judicial resources. Conform to the principle of penalty benefit and so on several aspects. In the second chapter, the characteristics of minors with conditions not to prosecute, never vice conditions not to prosecute adults to elaborates the theoretical basis and applicable conditions. In the third chapter, the deficiency existing in our current conditional not to Sue system. From the applicable scope of cases; Attached conditions, inspection; Minor social investigation system; The concrete practice of the mechanism; The relief mechanism; The supervision and restriction mechanism and so on several aspects to discuss.In the fourth chapter, improvement of the system of conditional minors not to prosecute. This paper expand the scope of conditional not; Perfecting social survey; And improve the mechanism of education; Improve the supervision of the parties rights; Perfect litigant rights relief mechanism aspects are also proposed.