Research Of The Improvement And Development Of The Conditional Non-prosecution System In China

The conditional non-prosecution system derived from the people's procuratorate of the judicial practice,it is response to the type of legislation.In the subsequent experiment,expanded to minor criminal cases,college students crimes,and even of unit crime cases.Establishment of the conditional non-prosecution system has the very vital significance to implement the criminal judicial policy of tempering justice with mercy,the protection of the rights and interests of minors and repair the damaged social relations.During the three years of the judicial practice,there are some problems.For instance,so many constraints for itself,a lot of formalities for examination and approval of the people's procuratorate and the lack of supporting measures etc.In order to be able to better apply the conditional non-prosecution system,this paper analyzes the existing problems and put forward the improvement opinions.Particular way is as follows:on the basis of the criminal procedure law,compare the law of other countries,combination with judicial practice.Put forward the procedure proposal and the entity proposal,to build a better system which accords with the situation of China.