The Research To The Conditional Non-prosecution System In Criminal Proceedings

Originated in Germany and Japan,the emergence of the conditional non prosecution system was motivated directly from the need to judicial economy due to increasing criminal offences.The conditional non prosecution system is a branch criminal procedure to solve the contradiction between high crime rate and insufficient judicial resources.Later,countries and regions like America and Taiwan established the system in succession and gradually improved it,making it a mature litigation system which plays an important role in saving judicial resources,offender correction,and anti-crimes as well as recovering the damaged social relations.With the economic development,nowadays the conflict between high crime rate and shortage of judicial resources has become increasingly intense.In order to solve this problem,it is of great theoretic and realistic significance to research the conditional non prosecution system in circumstance of our social environment as well as judicial conditions.Although it is not possible for our country to carry out the system overnight,we have already reached great achievements from the perspective of our judicial practical experience over the years.In the code of criminal procedure amendments,which has been passed this year on the five times meeting of the 11th National People's Congress,the setting of the juvenile conditional non prosecution system(It stipulates that the suspected juvenile criminals who commit crimes about infringing personal rights and democratic rights,property,or impairing the social management order,which may besentenced to prison less than one year,if according with the prosecuting conditions and the juvenile suspects showing repentance,the conditional non prosecution system could apply.)is sufficient proof to these achievements.Based on above,we further research the necessity and feasibility of the conditional non prosecution system as well as how to improve it in the future,which will surely be of significant importance to promote the judicial reform process of our country,so as to realize the judicial value.The main body of this article is divided into four parts,and each of them elaborates the relevant issues of the conditional non prosecution system from different aspects.The first chapter presents the concept and features of the conditional non prosecution system,stresses the necessity and feasibility for our country to build it.In our country,the non-prosecution system that based on one's judgment has not effectively worked,with the current imperfect conditional non prosecution system and severe criminal situation which requires high litigation efficiency,it is necessary to build the conditional non prosecution system.Meanwhile,the political philosophy of building harmonious society,the doctrine of prosecuting discretion established by the code of criminal procedure,as well as good social effect by the criminal policy of alternate leniency with severity and the pilot programs of deferred prosecution,all confirmed the real feasibility of building the conditional non prosecution system.The second chapter analyzes the theoretical foundation and disputes.This chapter summarizes the theoretical foundation,systematically discusses it from three aspects,they are,the change of penalty purpose,the development of restorative justice idea,and the criminal judicial policy of alternate leniency with severity.Besides,it analyzes relevant dispute theories,thus confirms the legitimacy of the conditional non prosecution system.The third chapter comparatively studies the conditional non prosecution system of relating countries and regions.This chapter,by introducing the conditional non prosecution system in Germany,hesitating prosecution system in Japan,postponing prosecution system in America and Taiwan,analyzes their respective features and compares them,so as to provide a blueprint for our reference.The fourth chapter constitutes the heart of this article.Divided into three paragraphs,this chapter,by referring to our country's reality,specifically designs the conditional non prosecution system in the future of our country from points of prosecuting scope and procedure of application,restricts and remedies.It structures a comprehensive blueprint for our country to establish the conditional non prosecution system...