Research On System Of Supervision And Investigation Of Non-prosecution Of Additional Conditions

The purpose of non prosecution of additional conditions is to isolate Juvenile crime behavior from judicial procedure and let the youth reflect on themselves and correct bad behavior. This condition will help restore the broken society relationship. What is more, it reflects the idea of Light punishment, Educational punishment and Restorative justice. How to supervise and investigate the object of Non prosecution of additional conditions is the key to the correct implementation of Non prosecution of additional conditions. It is not long time for the Non prosecution of additional conditions has been implemented in China. The research on Non prosecution of additional conditions is not abundant. The work of investigation and supervision do not balance in different areas. Some procuratorial organs in developed areas did some distinctive work. For instances, Beijing has been built some investigation base, government of Shanghai has been did some supervision work by buying social work service and the other areas faced the danger that work of investigation and supervision are mere formality. Supervision and investigation guarantees the Non prosecution of additional conditions. I will discuss the system from four parts to promote the theory and practice of the Non prosecution of additional conditions.Theory guide the practice. In the first part, I discuss the basic theory of supervision and investigation of the Non prosecution of additional conditions. Then I describe the concept, characteristic and developing history of the Non prosecution of additional conditions. Besides, I introduce the fundamental law of Chinese the Non prosecution of additional conditions.In part two, I discuss the basic mission of the Non prosecution of additional conditions. It includes supervision management, education and correction, the punishment and prevention of crime, renovation of broken society relationship, assessment of Non prosecution of additional conditions.In part three, I summarize the disadvantages of the Non prosecution of additional conditions in practice in current society by researching on two city level attorney and three metrical attorney. Nowadays, Chinese attorney has been did some positive investigation and supervision work. It should be praised. At the same time, there are some problems. For examples it lacks of professional organization, personnel and society strength. These will lead to ambiguity of power and duties of the main bodies. On the contents of supervision and investigation, it shows such a trend that government put more attention on punishment than assistance. Phenomenon of "outside the law" is worth vigilanting. It also lacks of objective standard to assess the quality of non-prosecution of additional conditions, which leads to the hard work of assessing the society effect of non-prosecution of additional conditions.In part four, I provide some ways to solve the problems raised by the system of non-prosecution of additional conditions. First, choose the mode of supervision and investigation. The establishment of the juvenile criminal prosecution institution should speed up. The work ability of attorney should be developed. Second, on the setting of the contents of supervision and investigation, attorney should pay attention to special treatment and equilibrium in equilibrium and fulfill the legal obligation.The last, attorney should build the assessment system of non-prosecution of additional conditions and abide by four methods——law, social adaptability, psychological, morality level. I hope China’s non prosecution of additional conditions will become better and better by these three suggestions.