The Construction Of The System Of Conditional Non-prosecution In Chinese Adults

China’s legal theory at the present stage analyzes the conditional not to Sue system problems; in the category of minors detailedly. Based on the research of the criminal lawsuit, Based on the research of the criminal lawsuit, but adult conditional not to Sue system conforms to the development trend of prosecution cheap, which embodies the "punishment" and the concept of "restorative justice", it is the concrete embodiment of tempering justice with mercy policy in our country. This article mainly from the first tells the study concept of conditional not to Sue system secondly expounds the concept of adult conditional not to Sue system and policy theory; And based on the minors category, the whole situation of conditional not to Sue system, analyzes the corresponding experience and deficiencies; In finishing on the basis of the research and the legislative status at home and abroad is pointed out that the research ideas and methods of the article; The last part puts forward to adult conditional not to Sue system building, and then from the applicable objects and condition, to run the program, supervision and restriction mechanism, examining mode, relief procedure and follow-up process of our country puts forward the idea to build the system. The following specific content of this article is here:In the first chapter, the author makes clear the purpose and significance of this paper, indicating that the previous research present situation and the disadvantage, then shows in this paper, with literature research method and system analysis method, comparison research method, paving the way for the construction of the system of conditional non prosecution.Any research is based on the clear definition of the concept, the second chapter tells the concept of the adults conditional non prosecution system at first:the public security organization in the end of the detection, if the objective conditions of criminal cases and litigation match, but on balance the rest of the causes can enough not to prosecute, eventually to define the suitable evaluation period, to must undertake the obligations stipulated, end test verification period, then is not the prosecution to be clear. Then introduces the conditional non prosecution system, the legal basis and policy basis, namely prosecution doctrine, the modesty of the criminal law and the wide strict is the criminal policy of temper justice with mercy.In the third chapter, the author mainly studies the development situation of the establishment of the conditional non prosecution system in China, and analyzes the problems existing in the establishment of the system of conditional non prosecution in our country. The main problems including, to the victim understanding the conditions are too harsh, the repentance of specific provisions is not clear, the intention of the parties of the positioning, supervision and inspection of the necessary and have custody should not be necessary condition, rule out the possibility of application. Based on the analysis of the legislative provisions found in establishment of an adult of conditional non prosecution system have many misconceptions are difficult to discern, these problems hinder in adults of conditional non prosecution system in practice application.In the fourth chapter the author mainly discusses the foreign mature experience and practice in conditional non prosecution system. It plays an important reference role for the chapter five adults which discusses conditional non prosecution system constructionIn the fifth chapter, the author puts forward the conception of the establishment of the system of conditional non prosecution for the above mentioned theoretical problems and practical problems. First, the construction of conditional non prosecution system the principle of adults; second, in the aspect of legislation to determine the applicable object of conditional non prosecution system of adults, adults with clear conditions of the non prosecution system; third, run the program specification of conditional non prosecution adult science system, expand the scope of rights and obligations, and inform the program the examination and approval procedures, legal consequences and legal effect of declaration procedures, and conditional non prosecution; fourth, the conditional non prosecution system of adult supervision mechanism and supervision from the internal supervision of the pro-curatorial organs and the handling of the superior prosecution restriction of the two aspects of proposed construction method; fifth, study mode of adult non prosecution system, this mode of education and sound; sixth, the conditional non prosecution system of the adult relief program, from the victim and the public Security organs of are presented to construct measures; the sixth, adults conditional non prosecution system of follow-up procedures, teach and admonish tracking return visits.