Minor Crime Cases Not To Sue System Research

Minors are the future of the motherland, the new force is human’s sustainable development and the reserve force, a special group should be the special care and attention of the society. But for a long time, our country in terms of not to Sue system, never will distinguish adults and minors. Due to a minor mental immature, weak legal awareness, the lack of school and family education, social negative impact factors, such as age is more and more small, TuanHuoXing cause minor crime, violent, marginal tendency obvious, the proportion of crime on the rise, but China’s efforts in fighting crime has never been lax, apparently applicable to minors imprisonment, no matter from prevention nor fight for better effect.The revised criminal procedure law has made special provisions on minor crime, establishing the system of the minor crime not to prosecute, make the procuratorial organs in juvenile crime not to Sue system finally get rid of the past can’t can depend on, to nothing, and random chaos phenomenon. Due to the general trend in the system accord with light punishment, the principle of litigation economy, the concept of restorative justice, the concept such as the foundation, has achieved certain success in both apply everywhere. But due to the system of regulation is broad, the handling and different ideas of law enforcement, protection authority within the system balance, the problem of legal application, program complexity, there is no denying that minor crime not to Sue system under certain constraints.So we must improve the system of minor crime not to prosecute, so as to further perfect its content and procedures, can be a good applicable to minors special populations. This article USES the data type, case analysis, empirical research, comparative method, through analyses on crime of minors crime causes and characteristics of the combination of involved in the practice crime minors to different not to prosecute decision in the light of local conditions, to improve the minor crime cases in absolute not to prosecute, relative not to prosecute, attach conditions not to prosecute the application of the problems, and application Settings. By perfecting the absolute not to prosecute instead of the rankings, with compensation, guarantee the victim relief; Relative not to prosecute the cancellation of the proportion not to prosecute, social investigation mechanism, behavior modification system; Attach conditions not to prosecute must clear conditions, supervision and restraint mechanisms must be in place, cooperate with the criminal reconciliation play effect, comprehensive education system is discussed, and to expand further construction of minors crime not to Sue system, make the use of the system can get better.