Empirical Research On The Non-prosecution System Attached Conditions

To 2012 "criminal procedural law" and judicial interpretation of the Supreme People's court and the Supreme People's Procurator ate modifications as a symbol,our non-prosecution system attached conditions has been initially established. However, with the implementation of the non-prosecution system attached conditions is short, the current state of China's non-prosecution system attached conditions is still in the initial stage of development, the system also has many deficiencies, need to be improved.Summarize the conditional not to prosecute system practice exploration, found conditional not to prosecute the problems in the operation of the system, combined with China's special judicial pattern and the judicial environment, put forward some improvement measures, not only to attach conditions not to prosecute the improvement of the system itself will benefit, of our country did not become more important value in procuratorial system development.Conditional non prosecution is an important manifestation of the concept of restorative justice in the field of criminal justice, conditional non prosecution system is developed based on this idea, not only attach importance to punish crime, but also to the restoration of social relations. The conditional non prosecution system for no prosecution value or unnecessary punishment to start with a clean slate opportunity on the right path to create opportunities for the realization of good and evil, abandoned, light use penalty,either by means of penalty deterrent to achieve the prevention half of crime, the justice of law, and is conducive to the to resolve the contradiction between the parties, is conducive to the restoration of social relations; some negative social effects in addition can effectively reduce or reduce the inappropriate, unnecessary litigation arising, conducive to the realization of the value target of China's current construction of socialist harmonious society. Since the reform and opening up, the steady growth of China's economy, especially after entering into the new century our country social economy still maintained a high growth rate, although the slowdown in social economic growth in China in recent years, but is still in a stable growth period; at the same time, the number of crimes in material prosperity brought about by the increase in proportion of various the crime rate also showed an increasing trend. Among them, the minor crime has long been a widespread social concern, although in recent years China's juvenile delinquency rate decreases, but the minor crime rate is still in a high-risk situation, prevention,punishment and correction of juvenile crime in China is facing economic and social development of the urgent need to solve the problem. Most of the minor's outlook on life and values has not been formed, the lack of social experience, do not understand the law,awareness of self-protection and prevention of resistance is weak, many cases of juvenile suspects are victims themselves, therefore, for the case of minors in our country has been strong in education and correction principle, make minor crime the suspect in the acceptance of "soft punishment" at the same time,learn to respect the law,respect for the legitimate rights and interests of others, accelerate the reintegration process, ultimately preventing and reducing juvenile crime purpose.The purpose of this paper is according to the current of our conditional not to prosecute specific system development and reform pilot,to our conditional not to prosecute experience and problems in judicial practice as the starting point, based on the analysis of Henan Province Z City procuratorial organs of the judicial practice of empirical, system analysis the region of non-prosecution system attached conditions implementation and effect, summarizes the current non-prosecution system attached conditions solved the problems of the existing in the process of implementation, and through, the conditions of foreign non prosecution system investigation and refining part can learn from the experience and method, on how to further improve our non-prosecution system attached conditions put forward relevant suggestions.The main research contents include the following five parts: the first part, the related theoretical overview of conditional non prosecution system, understand the concept,characteristics and values of the conditional non prosecution system; the second part, the inspection conditions of foreign non prosecution system, understand the legislative conditions of foreign non prosecution system, summarizes some can be attached China's non prosecution system perfect experience; the third part, the third part, taking Z city procuratorate conditional non prosecution practice as a sample,to master the system of conditional non prosecution system after the implementation of the operation, combined with the typical case to summarize the practice of the system effect, and summarizes the deficiency in the implementation of the system; the fourth part in based on the analysis of the status quo of conditional non prosecution system,summed up the current and in-depth study of the conditional non prosecution system in the implementation of the typical problem In the fifth part, the author puts forward some suggestions to improve the system of conditional non prosecution in china.