Study On The Applicable Conditions Of Conditional Non-prosecution System In China

Conditional non-prosecution system is a special system for juvenile suspects in China,which aims to educate,influence and save juvenile suspects,reduce litigation costs and reduce the pressure of judicial resource.Conditional non-prosecution system has important value in protecting juvenile suspects and reducing litigation costs.It can not only avoid the labeling of juvenile suspects,clear the obstacles for the integration of juvenile suspects into society,but also relieve the pressure of judicial resource and improve judicial efficiency.In addition,the conditional non-prosecution system has carried out the concept of restorative justice,greatly repaired the damaged social relations,opened a new chapter of restorative justice.However,in judicial practice,the short board of conditional non-prosecution system is gradually exposed.First,the application object is unreasonable.The conditional non-prosecution system only takes minor criminal suspects as its applicable object,which leads to a large number of minor criminal suspects can not be dealt with fairly.Second,less applicable charges.Only the charges in chapters fore,five and six of the sub-rules of criminal law can be applied to the conditional non-prosecution system,while the charges in other chapters do not,which leads to too few charges that can be applied.Third,the expected penalty of conditional non-prosecution system is too strict.Only suspects who may be sentenced to a term of imprisonment of less than one year may apply conditional non-prosecution,which once again limits the scope of application on the basis of the originally small applicable population.Such strict conditions of application have resulted in very few people who can really be conditionally prosecuted,as has been proved in practice.Based on the actual situation of our country,we should refer to the relevant experience of the extraterritorial conditional non-prosecution system and reconstruct and perfect the applicable conditions of the conditional non-prosecution system.First,appropriately expand the scope of application of the conditional non-prosecution system.In addition to juvenile suspects,older persons,pregnant women and university students can also be included.Second,for the applicable charges,should be ruled by exclusion.For example,Serious harm to national security,social public security and corruption and bribery charge will be eliminate;Third,the expected penalty conditions for conditional non-prosecution should be relaxed appropriately.China may stipulate that suspects who may be sentenced to fixed-term imprisonment of not more than three years may be subject to conditional non-prosecution.