A Study On The System Of Conditional Non Prosecution

The criminal procedure law of the people's Republic of China in January 1,2013,In the fifth edition of "special procedures" in the addition of a conditional non prosecution system.The establishment of the system to fill the middle of our system of non-prosecution.The establishment of the conditional nonproliferation system in our country is the embodiment of the prosecution of cheap doctrine,which is conducive to improving the judicial efficiency,implementing the criminal justice policy of temper justice with mercy and the individualized judicial idea of criminalization.Another milestone in the development of China's judicial system.However,through comparison with the conditional non-prosecution system in Germany,Japan,the United States and Taiwan,we found that the conditional non-prosecution system in our country is flawed and inadequate at both the legislative and judicial levels.There is a narrow scope of application,the logic is unclear,the conditions are not clear,supervision and inspection of the main body defects,There is a low rate of application in the judicial operation,umbersome operation of the program,difficult to carry out the work.In order to further improve the system of conditional non-prosecution,it should expand the scope of application in legislation,standardize the application conditions,enrich the supervision and inspection organizations and establish effective supervision and rights relief mechanism.In the judicial practice in accordance with the law,flexible,co-ordinate the principle of application,standardize and simplify the operational process,expand the way of investigation,the introduction of community correction system,really play the conditions of non-prosecution system should have the role.