The Non-prosecution Of Additional Conditions System Research

The new Criminal Procedure Law of the People’s Republic of China was adopted at the Third Session of the Eleventh National People’s Congress(the NPC), which was put into implementation on January 1, 2013. The new law first clearly proposes the system of the non-prosecution of additional conditions associated with juveniles. Given that it is a new established system, which cannot be implemented immediately, there are many aspects that remain to be continuously examined,improved and researched in judicial practice. On the basis of summarizing the practical experience,it still has great significance to have the theory promoted and make the system improved.The non-prosecution of additional conditions has several prominent characteristics, which can be explained in the following aspects, the particular subjects who decide it, the limited objects to whom it will apply, the restricted scope of application, the additional conditions, the specificity of the investigations, the uncertainty of the final results.It is necessary and workable to establish the system which embodies the value of human rights, the instrumental value and the efficiency value. Some theoretical basis, which includes the restorative justice theory, the convenience of prosecution, the thought of the individualized penalty, and the lenient and severe criminal policy, has laid the theoretical foundation for the establishment of the non-prosecution of additional conditions system.The system of the non-prosecution of additional conditions has been formally established for two years in our country. On the basis of the survey of the practical situation of the above system in the three levels of the procurator agencies of Tianjin, Yingkou, and Haicheng, the author concluded, on the one hand, the advanced experience in some districts, such as the rigorous internal procedures of decision, and the detailed investigation and education. On the other hand, the author also stated the serious problems that exist in practice and include the severe conditions of application, the imperfect investigation mechanism, the unsound supervision and restriction system, the prominent situation of having the system of discretional non-prosecution replaced by the system of the non-prosecution of additional condition.In the view of the above prominent problems in practice, the author gave some specific suggestions in combination with the advanced concepts of the foreign similar system and experience from the practice. The applied condition of the system should be softened in the following aspects, the applicable object, the kinds of punishment, the extent of punishment etc. The inspection mechanism should be improved in these aspects, such as the inspection subjects, the inspection period, and the inspection contents. The hearing and the panel of the deputy to the NPC should be adopted to further supervise and restrict the procurator agency from various angles of the staff of the procurator agency, the public security, the victims and the people’s supervisors. By comparing the system of discretional non-prosecution with the system of the non-prosecution of additional condition, the author concluded the application order of the two systems and solved the puzzling problems met in the practice of the system of discretional non-prosecution in order to further improve the non-prosecution of additional conditions.