Research On Application Problems Of Non-prosecution Of Additional Conditions

Non-prosecution of additional conditions system has undergone long-term exploration and attempt in China's judicial practice."The Criminal Procedure Law of the People's Republic of China" that was revised in 2012 formally established the non-prosecution of additional conditions system,which is the concrete manifestation of the criminal policy of educating minors with the principles of "education,persuasion and salvation" and punishing minors.This system is constantly improved in the practice of the grassroots procuratorial organs.In this paper,according to the provisions of China's "Criminal Procedure Law",through the normative analysis of the conditional non-prosecution system and the analysis of the specific circumstances of the cases handled by the procuratorial organ in L city,the author thins that China's conditional non-prosecution system mainly exists the following problems:firstly,the applicable issues.Whether the case is applicable to the conditional non-prosecution system or the relative non-prosecution system is unclear,the scope and conditions of application are not clear.Secondly,the problems of right guarantee of the parties.There is objection of the minor criminal suspects,and the provisions of complaint guarantee right of the aggrieved person are not detailed.Thirdly,the supervision issues.The supervision and inspection mechanism and the supervision and control mechanism are not standardized.Fourthly,there are differences of handling cases in different regions.Internal case handling process has constraints and has conflicts with the assessment mechanism of public security organs.On the basis of the analysis of the causes of these problems,the author puts forward some suggestions on perfecting the legislation,the supervision and inspection mechanism and the related supporting systems.