On The Improvement Of China's Conditional Non-prosecution System

Conditional Non-prosecution System is a criminal justice system which is acted in some case that are not very dangerous to society and human. The prosecution organs take the conditional Non-prosecution in innocence treatment.In China, the development of conditional Non-prosecution System undergoes from exploration to written in law. Implementation of the system brings several advantages,first of all,it can alleviate the current shortage of judicial resources, secondly, avoid the disadvantages of short-term punishment, and reduce the social opposite. The improvement of Conditional Non-prosecution System is not only a big advance of the rule of law, also the inevitable choice for the development of Chinese judicial practice.This paper consists of three parts. I try to starting from the present situation of conditional Non-prosecution System in China. Through analyzing the situation of the pilot of prosecution organs all around China and the mature experience from foreign countries, present Three main defects existing in the system, that is the application scope is very narrow, the collateral obligation is incomplete, and the follow-up supervision is weak. There are the reasons why the system is unable to play its functions and achieve the purpose of set up. Then, using the positive analysis method, comparison analysis method and case analysis method, enumerate the mature practice of the pilot prosecution organs all around China, analyze by contrast law, as well as introduce the case in work. This paper discusses the restrictive factors in conditional Non-prosecution System, explore the feasibility and validity of the system's further improvement.At last, from the construction of the system, explore the soundness of legislation from Applicable scope,collateral obligation, supervision mechanism, right of relief and relevant supporting system,as well as present some suggestions for its improvement.