Study On The Conditional Non-prosecution System

It has been 4 years that additional condition of non-prosecution system is explicit to put into the jurisprudence,still parts of controversies on some applicable issues are existed,the most common ones are mainly on ambiguity of legal provisions and the relaxed operation practices.System operation has to depend on the legitimated system.From the vertical viewpoint,before the additional condition of non-prosecution system was applied,few legal issues such as the unsoundness of social investigations,unspecific and deficiency of the additional condition in application,the limitation of investigation and mentor after application,the unfulfillment of relief for victims and etc.,which are closely related with legislation and law enforcement.After taking practical research and theatrical investigation,and referring some patterned theories and advanced techniques of additional condition of non-prosecution system from Japan,Germany and the United States,this research paper aims to build and complete the additional condition of non-prosecution system on the vertical aspects of defining the social investigation system,refining additional condition,strengthening the supervision and restriction,completing measures of investigation and mentor,and fulfilling the relief for victims especially on enhancing the containing and coordination among them,to promote the development of criminal justice theory and the system construction,and facilitate the correctional education and social rehabilitation for juveniles.