| Minors as the new forces of a country,the fate of a country's development,then the minor crime also with the development of the society gradually age,fiendish to take,TuanHuoHua trends,so the juvenile crime related issues and the state and society attention gradually.Under this concern,China's theoretical research and practical exploration of juvenile delinquency are also developing rapidly.Through the development of recent years,China has preliminarily established the relevant litigation system of juvenile delinquency and connected with internationalization.In practice,the principle of "education,rescue,and influence" is put into practice,which forms the non-prosecution system of minors with Chinese characteristics.Began in the 1990 s the conditional minors not to Sue system exploration work,between 2009 and 2012 in some areas to pilot,in 2012 the new "criminal procedural law" established the minor criminal cases,special procedure of conditional for minors not to Sue system are also introduced regulations,improve the juvenile criminal justice system,safeguard the rights and interests of minors criminal proceedings in the aspects of created a new milestone.For minors in our country attach conditions not to prosecute system,formulate relative to Japan,America,Germany and other developed countries,so the system is running in some obvious deficiencies,for example,to adapt to the case of narrow,with relatively not to Sue system,the attached conditions are not clear,the education system is not perfect,the supervision mechanism,etc.The author mainly discusses the following four parts:The first part is an overview of the non-prosecution system of minors.Through the definition of conditional minors not to Sue is analyzed,combining with the theoretical basis of conditional not to Sue system,comparing with relative not to Sue system,finally analyze the significance of conditional minors:give full play to the discretion of the people's procuratorates,enhancing the education of minors into work,conditional not to Sue system conforms to the need for protection of minors,conditional not to Sue system is put forward that litigation economic value was improved,with the establishment of the conditions not to prosecute system marks the line with international judicial principle in our country.The second part is the condition of the condition of the minors in our country not to prosecute the content and the insufficiency.China's new "criminal procedural law"established the conditional minors not to Sue system,this system compared with the similar system in other countries is still started late,so,many aspects still need to be further improved.This part first is conditional on minors not to Sue system analysis,the applicable conditions and applicable charges and then put forward our conditional minors not to Sue system problems,including:on charges applicable scope is too narrow,Applicable conditions are not specific,disabling conditions inconsistent,conditional minors not to Sue system before using assessment survey is insufficient,conditional minors not to Sue system of supervision and inspection mechanism is not sound.In practice,we can understand and analyze the deficiencies and find out the way to solve the defects of minors.The third part is the revelation of foreign system.Through the discretion not to prosecute system of Germany,Japan and the United States of pre-trial diversion system is studied,draw lessons from the activities of public education,self-reliance protection system,pre-trial diversion system related content,combining with our practice to further improve the system of minors in our country attach conditions not to prosecute help.The fourth part is the improvement of the minors attached conditions.For minors in our country lack of conditional not to Sue system,to relax the attached conditions not to prosecute system applicable scope,establishing reasonable additional conditions,put forward the corresponding suggestion to perfect the applicable program. |
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