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On The Perfection Of Non Conditional Non Prosecution System For Minors

Posted on:2018-09-21Degree:MasterType:Thesis
Country:ChinaCandidate:D J YangFull Text:PDF
GTID:2346330518477235Subject:Law
Abstract/Summary:PDF Full Text Request
Minors are the future and hope of the motherland, the community has an unshirkable responsibility for their education and training. In recent years, the cases of juvenile crime in China is rising, the type of crime is also expanding, how to realize the protection of minors and prevent them to commit crimes, has become the focus of our society. In the common concern of the whole society, the juvenile criminal procedure lawamendment to the conditional non prosecution system in China in 2012 formally established, the establishment of this system is to educate and reform the juvenile criminal suspects, provides new opportunities for them, so that they can re return to society. As a new system, the perfection of legislation and the actual operation process there may be a variety of problems, so our judicial staff and the legislative improvement of the minors conditional non prosecution system and perfect has always maintained a cautious attitude, which leads to the system application rate is low, operation is not strong and so a series of problems in the judicial practice, so we should be on the minors conditional non prosecution for further development and improvement, in order to better play its role, to achieve its purpose.In this paper, the author mainly through the analysis of conditional non prosecution problems including the theoretical basis, the problems of the judicial practice applicable to minors, points out the system of our country exists in the legislation and judicial practice problems, and learn from other countries, some advanced legislative experience and practice. Put forward some countermeasures. The first part of this paper analyzes and proves the theoretical basis of the non prosecution system. In judicial practice, it is an inevitable requirement for the economic and social development of our country to make the non prosecution of the minor. In the content, the author mainly minors conditional non prosecution system the meaning, theoretical basis and other countries with conditions not to prosecute the legal system and other aspects of the juvenile prosecution system is necessary, it is the inevitable requirement of social development, is our country to a better way of the crime problems are becoming more and more the increase of solution, objectively beneficial to the development of the society, but also in line with the development trend of the international community. In the second part, the author further analyzes the connotation of juvenile non prosecution system, and explains the applicable conditions and operating procedures of the non prosecution system in specific cases. The third part points out that the system has a series of problems in the practice, such as strict conditions, additional conditions and the content is not clear and the lack of protection of the rights and interests of victims. The fourth part of the system in view of the defects and deficiencies and puts forward some suggestions, mainly including the following aspects: one is the requirement for the conditional non prosecution of crimes appropriate to relax; two is to increase the additional content, clear additional obligations; three is to increase the effects of auxiliary units; the four is to improve the supervision mechanism;five is to improve other supporting system, establishment of docking mechanism of procuratorial organs and other social organizations, actively explore the implementation of decriminalization of minor crime, strengthen the minors and investigation, strengthen the protection of minors rights, pay attention to the prevention and treatment measures, in the review of the prosecution, non prosecution of eligible minors the suspect is conditional, embodies the special protection of the juvenile criminal suspects, is China's economic and social development will be However, at the same time, it is also conducive to the correction of juvenile suspects, so that it can turn over a new leaf, re. In this paper,the author analyzes the existing problems of the system of non prosecution and puts forward the countermeasures to improve the system, hoping to help the further development of the system.
Keywords/Search Tags:minors, with conditions not to prosecute, criminal procedure law
PDF Full Text Request
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