On Legislation And Lawsuit Practice Of Conditional Non-prosecution System In China

Conditional non-prosecution system is the embodiment of the prosecution discretion for procuratorial organs, conforming to the trend of light and individualized punishment, and the idea of pursuing balance between legal effect and lawsuit benefit. On January 1,2013, the revised criminal procedure law of the People's Republic of China established the applicable conditional non-prosecution system for the underage criminal suspect. However, in terms of the legislation and practice application, the system is still insufficient and needs to be perfect. Therefore, we need to draw lessons and absorb the advantages of related system of other countries and regions, completing its construction reasonably.This article mainly includes three parts:the introduction, the body and conclusion.The introduction briefly introduces and elaborates the significance, methods and goals of the research.The body analyzes and elaborates the judicial exploration and system construction of conditional non-prosecution system through three parts.The first part:It gives an overview of conditional non-prosecution system. Firstly, it introduces the definition of the conditional non-prosecution system in domestic academic and judicial circles, and analyzes its characteristic according to the definition;Secondly, it elaborates the theoretical basis of the existence of conditional non-prosecution system in terms of the theory of punishment purpose and prosecution convenience doctrine; Finally, it analyzes the value of the conditional non-prosecution system, pointing out the necessity and legitimacy of building conditional non-prosecution system.The second part:it studies the problems existing in the legislation of the conditional non-prosecution system, such as it is not widely used in China;and the guarantee of the right for the parties is not comprehensive; supervision and restriction mechanism is not perfect and so on. Meanwhile, it briefly elaborates the difficulty and problems of the system in practice.The third part:firstly, it introduces the system or similar system in Japan, Germany, the United States, Taiwan of China and other countries and regions; Secondly, it concludes the common trend of conditional non-prosecution system by comparison and analysis. Finally, it gets some enlightenment basing on the study of the system,combining with the reality of China's mainland, and analyzes how to further perfect our legislation and practice of the conditional non-prosecution system.Conclusion:the thesis summarizes the trend and the prospect of the conditional non-prosecution system in China.