Non Prosecution Of Additional Conditions Compared With China The Perfection Of The System

In recent years, China’s juvenile crime rate has the tendency to rise year by year, and with the development of the times, the minor crime appeared dilinghua, gangs, violence tendency, how to effectively prevent the minor crime has attracted wide attention from the society, strengthen the judicial protection of juvenile, actively explore the implementation of non the criminal treatment of the juvenile crime, juvenile for attention to prevention and treatment measures, has become the development direction of juvenile justice system. Discretion of international popular non prosecution system is more suitable for solving this problem, discretion non prosecution system in Germany, Japan and Taiwan of our country American, Macao and other regions have been running for many years, there are more mature experience, combined with China’s basic national conditions, non prosecution of additional conditions will emerge as the times require. The non prosecution of additional conditions as a prosecuting misdemeanor decriminalization treatment alternative measures, in effectively resolve criminal disputes, prevention and treatment of crime can play a good role. Under this background, the new criminal procedure law has increased the minor crime applicable to non prosecution of additional conditions, the system is in line with the principle of litigation economy, conducive to the minors to return to society, but in practice, the existence of non prosecution of additional conditions applicable scope is narrow, and to study the mechanism not perfect, the relief system is not perfect and other issues. In this paper, the definition of conditional non prosecution system applicable scope and conditions during the test, inspection related issues and provide assistance, relief and restriction mechanism associated with countries outside the system are compared and analyzed, and put forward the improvement proposal, and further improve the benefit in order not to sue for conditional system in china.The scope of application of the conditions attached to the non prosecution system and conditions compared to other countries and regions more stringent, only applies to minors but also need to have a number of conditions; the non prosecution of additional conditions during the test investigation "system defects, according to the provisions of the criminal procedure law, the people’s Procuratorate to be conditional not to prosecute suspects supervision by the procuratorial organs, direct implementation of education study. The author thinks, as a legal supervision organ, shall carry out supervision on investigation and education activities, not directly on the suspects under investigation and. Because the decision not to prosecute conditional is the procuratorial organs, the implementation of help and education is an investigation of the procuratorial organs, procuratorial decision test expiration or off whether to prosecute according to the investigation result. The procuratorial organs as both player and referee, inevitably affect the neutrality of the judiciary. At the same time, the procuratorial organs are not the special education institutions, manpower, material resources, financial resources Co., will inevitably make and study to become a mere formality, affect the services effect; the non prosecution of additional conditions as one of the discretion of the procuratorial organ, if not the establishment of the corresponding power restriction mechanism, the possible abuse of bring the prosecutorial discretion power, easily lead to the judicial unfairness and corruption in the judiciary, especially the non prosecution of additional conditions such a newly emerging things not mature, more need of supervision to regulate. In view of the fact that the non prosecution of additional conditions the existence of the above shortcomings, based in foreign countries through the comparison of the relevant legal provisions and common practice, put forward appropriate to relax the non prosecution of additional conditions applicable range and conditions, the establishment of a social investigation and model and advocate of the non prosecution of additional conditions system to strengthen the supervision of law enforcement, to prevent the abuse of discretion and other suggestions. And the suggestion, to promote the development of the improvement of mechanism.