Study On Conditional Non-prosecution System

With the continuous development of economic and social change, the increasing complexity of criminal cases, criminal rate is rising, faced with a lack of criminal prosecution of judicial resources, the problem of excessive pressure on the judiciary. Therefore, the criminal prosecution system with conditions not emerged. This system not only plays a vital role in easing pressure on judicial resources, but also in helping the suspect again return to society plays an important role. However, since the implementation of the new Criminal Procedure Law, there are still problems to be solved, conditional non-prosecution system is no exception. Conditional non-prosecution first appeared in Europe, this system in our country is only at the exploratory stage, therefore, both from theorists still remains a lot to improve and perfect the practical aspects of the Department. Our only established the minors conditional non-prosecution system, and other criminal prosecution system with conditions not already mature countries compared to just a narrow scope, but the idea is to build a system problem.This paper is divided into five parts, the first part of this paper introduces the writing background, significance, research status and research methods; the second part focuses on the meaning of conditional non-prosecution system, features, content and theoretical basis of conditional non-prosecution system; The third part is a conditional non-prosecution of extraterritorial analysis and elaborate system; Section IV summarizes and analyzes the conditional non-prosecution system deficiencies in legislation and practice; the last part of the fourth part for the lack of detail given perfect views from the views given in terms of legislation and practice in order to build a better rationalization. Sound reasonable conditional non-prosecution system more conducive to the improvement and constructing China criminal proceedings. Perfect sound system with conditions not to prosecute the criminal proceedings is of great significance.