Improving Research On Conditional Non-prosecution System

The fifth session of the 11 th National People’s Congress voted through the decision on new edition of criminal procedure law on March 14 th, 2012. The law increases the new Title Five Juvenile criminal proceeding, which raises wide concern. The reason of creating Conditional Non-prosecution System is to obtain better education, influence and rescue on juvenile, which will manifest the judicial concept of restorative justice. However, some difference between reality and idea leads to some suitable straits. The objection right from one party and the innocent confession can’t reflect the policy on education, influence and rescue; Limited applicability and compromise without proper protection between the offender and victim can’t reflect any special treatment on juvenile; Long testing system is not parallel to the concept of decriminalization reformation; There are some problems on privacy protection and education in the assistant system. Learning from the system aboard is the way to solve the suitable straits mentioned above and absorb essence from America, Germany and Japan. Three new idea of perfection on Conditional Non-prosecution System will be presented, which is equality of justice, settlement mediation disputes and privacy protection, in the last section. Deficiencies on Conditional Non-prosecution System will be suggested to amend on the level of legislature and judicature so as to improve efficiency of Conditional Non-prosecution System.