Conditional Not To Sue System Of Empirical Research

The 2012 revision of the "criminal procedural law" stipulates clearly the Conditional non-prosecution system belongs to the special procedure,making it became an important part of the juvenile judicial system.Introducing conditional not to Sue system,not only innovate the prosecution system in China,but also to ease social contradictions and improve judicial efficiency.From the empirical point,in the perspective of A municipal people's procuratorate in guizhou,by collecting data,investigation and analysis,research the Actual operation situation of Conditional nonprosecution system,the results,the problems existing in the practice process,its causes,and put forward the perfect proposal.Besides preface and epilogue,the main body of essay have four parts,that have about 20000 words.The first part expounds the difficulties is faced of Conditional non-prosecution system,including applicable ratio is low,lack of legitimacy,this effect is not ideal,lack of supervision and conditionality.The second part analyses the reasons of the problem.Including four aspects,which are lack of ideas,the imperfect regulations,examine relevant mechanism is not perfect,imperfect supervision system.The third part expounds the value foundation of Conditional non-prosecution system.Improving Conditional non-prosecution system is the necessary requirement of realizing the principle of litigation economy,conforms to the needs of the austerity of criminal law,which is advantageous to the criminal suspect return to the society,to ease social contradictions,to carry out the policy of "tempering justice with mercy".The fourth part puts forward the idea of consummation about the system.Concreting countermeasures against the actual problems,the first is to change ideas,change the traditional concept of ordinary citizens,let them understand the value of the system of conditional not to prosecute.Changing the concept of the application of the prosecutors,improve the prosecutors' willingness to apply;the second is to perfect the legislation,expand the scope of applicable objects,the applicable scope of case,realizing applicable procedures of legitimation,diversifying the application deadline;the third is to improve the inspection mechanism,integrating education resources,to set up the special education institutions,innovation relevant way,which is to build perfect social support system and to improve the actual effect of Conditional non-prosecution system;the forth is to strengthen the supervision and restriction mechanism,play to the internal,the public security organs,social role,the people's court to prevent the abuse of discretion,the purpose is to safeguard judicial justice.