The Research Of The Non Prosecution System Of The Minors In Our Country

The Criminal Procedure Law which is revised by China in 2012 added a minor procedure chapter,this program not only solves the problems of the laws and regulations on the protection of minors in China for many years,but also gets rid of the plight of juvenile criminal cases in the application of procedures.This chapter presents the principle of education as the main,the punishment as the auxiliary and the policy of education,action and rescue,it makes our country's juvenile criminal litigation system more in line with the current needs of the construction of the rule of law in China.This chapter clearly stipulates the minor's conditional non prosecution system,which is an innovation of the juvenile criminal litigation system in our country.The system of conditional non prosecution of minors protects the legitimate rights of minors,and achieve the prevention of crime and save the minors,it is good for the minors to return society as soon as possible,and promote the harmonious development of society.The minor's conditional non prosecution system Only for juvenile delinquency,and the minors were sentenced to one year imprisonment penalty,and the criminal law of fourth chapter,the fifth chapter,the sixth chapter,so the system has particularity.Compared with other non prosecution system in our country,the system of conditional non prosecution has obviously difference:first,no prosecution must be attached to the appropriate conditions;second,the procuratorate decides to investigate minor criminal responsibility according to the law;third,the procuratorate's discretion has the initiative.The minor's conditional non prosecution system has experienced two stages of initial exploration and development promotion,procuratorate according to the experience of the practice made appropriate regulations,and began to carry out a pilot in the country.From the experimental point of view,the system has achieved good results,and gradually formed a system of criminal procedure is different from the adults.According to this,the subject of the minor's conditional non prosecution system to make conditional non prosecution is the chief prosecutor and the procuratorial committee.Procuratorate sets up six months to a year's inspection period,and the juvenile suspects complete the investigation period of the obligations,after the expiration of the period of time procuratorate makes a decision not to prosecute.If the criminal suspect have objection to the decision,the procuratorate can revoke and file a lawsuit.The operation of the minor's conditional non prosecution system has achieved some success,it also has some problems:the applicable conditions are not specific,application procedures are not concise,the effects of admonishing are lacked of resources,and the criminal reconciliation boundaries are not clear.Through the investigation of the criminal justice system of the foreign countries,the countermeasures to improve the conditions of the minors are put forward:defining the applicable conditions,simplifying the application procedures,setting up a flexible resource survey admonishing,and titling criminal reconciliation.