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Research On The Juveniles’ Conditional Non- Prosecution Systen

Posted on:2016-08-20Degree:MasterType:Thesis
Country:ChinaCandidate:H S WangFull Text:PDF
GTID:2296330479977754Subject:Procedural Law
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With the development of China, show Children in groups such as minors, the new features and trends of juveniles’ crimes such as left-behind children’s crimes have appeared, which becomes a serious social problem. Because juveniles’ intelligence, cognitive ability and physical development are different with adults, so we should treat them as the subject of crime in a different way. The judgment of a juvenile suspect not only affects his future development, but also affects the harmony of a family, even the stability of the whole society.The current Criminal Procedure Law, which is the basic law to protect the legal rights of the parties in criminal proceedings, provides a special chapter of juvenile special proceeding and set the juveniles’ conditional non-prosecution system n the form of law, thus the juveniles’ conditional non-prosecution system in China rise from theory to practice and law. The establishment of juveniles’ non-prosecution system in China has effectively alleviated the contradiction of the relative lack of judicial resources and the increased crime, promoted the special protection to juveniles’ rights and restored the destroyed restoration of social relations. But now, both in the legislative and judicial practice level, there still exists some problems to be solved. The essay is divided into four chapters:The first chapter is an overview of conditional non-prosecution system, which includes the concept and characteristics of conditional non-prosecution system.The second chapter introduces the foreign conditional non-prosecution system which focuses on the legislative concepts, content and practicee situation.The third chapter introduces our country’s conditional non-prosecution system which focuses on the contents of original conditional non-prosecution system and summarized the provisions of conditional non-prosecution system in the current Criminal Procedure Law and relevant judicial interpretations. Meanwhile, this chapter also cites some cases to problems of juveniles’ conditional non-prosecution. The forth chapter put forward the suggestions to resolve those problems to make the system better...
Keywords/Search Tags:non-prosecution, conditional non-prosecution, juveniles’ conditional prosecution
PDF Full Text Request
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