On The Perfection Of The Conditional Non-Prosecution System In China

With the rapid development of social economy,the juvenile criminal crime rate is rising and crime type shows the tendency of diversification.The trial pressure of judicial organs is increasing,and the contradiction become more and more serious between the shortage of judicial resources and the serious criminal situation.Under the background,the conditional non-prosecution which is an alternative measures shows up.Conditional non-prosecution was established in the form of law in Criminal Procedure Law of the People's Republic of China that is implemented on January1,2013.But,the system running in the judicial practice for tow years,shows some unreasonable places.This paper,through the discussion of the conditional non-prosecution,on the basis of the previous study,has carried on earnest analysis and summary about problem of our Conditional Non-prosecution existing in judicial practice,and puts forward some suggestions to perfect the system,so it can get better improvement and development.Specifically,first of all,interpretation of the concept,characteristics,theoretical basis as well as historical evolution of our conditional non-prosecution.Secondly,through the analysis of present situation of conditional non-prosecution system in China,to understand the defects of our conditional non-prosecution.Thirdly,by introducing the outside the system,to provide the reference for building conditional non-prosecution which conforms to the situation of our country.Finally,summing up the suggestions to improve our conditional non-prosecution system,to improve the system in-depth development in practice.