Exploring The Conditional Non-prosecution System For Minors

On March 14,2012, National People's Congress passed an Amendment to the Criminal Procedure Law. The law suit proceedings in juvenile criminal cases attracts the concerns of the once again. In the new Criminal Procedure Law, the author noted that an new part has been added to the new Criminal Proceduer Law:"Part Five: Special Procedures ", the first chapter devoted to the juvenile criminal case proceedings, which makes the law suit proceedings in juvenile criminal cases better adaptive for the need of juvenile justice practice development, After reading foreign legislative documents, the author come to an conclusion that the foreign conditional non-prosecution provisions laws are worth referring to in our law suit proceedings This paper set its orientation on the non-prosecute procedure in juvenile vases, analyzes the conception in new Criminal Procedure Law by referring to foreign law suit practices and analyzing the limitations in domestic justice pratices. On the above basis, the paper proposed some suggestions for building up an juvenile conditional non-procedure system.This paper first describes the etymology of juvenile conditional non-prosecution. Since the juvenile conditional non-prosecution system originates from other foregin countries. The paper gives a brief introduction to the conditional non-prosecution system in Germany, deferred prosecution system in Japan and delayed prosecution system in United States so as to clarify the aim of the thesis at the very beginning. And then, the author determines its concept, and then analyzes the characteristics of juvenile conditional non-prosecution (as a new member to the non-prosecution family), then discusses the reasons and significance in the legislation of the new Criminal Procedure Law. Conditional non- prosecution system plays a crucial rule in education, reclaiming and retriving juvenile suspects, optimize the allocation of judicial resources, a full exercise of prosecutorial discretion so as to to set a solid foundation for subsequent researches in this area.Then the focus of the paper goes back to the country, analyzes the legislation and the justice practice of juvenile conditional non- prosecution system status respectively. China has been very active in low-order legislation and small-range justice practices. Morever, China has some experience in carrying out justice practices before legistration. But still, the newborn high -order legislation needs time to settle in and get along with our domestic situation. There is no such a complete and unified system available for high-order legistraton in China. As a result, the responsibilities of relevant authorities are unclear and relevant law practices are intermingled with both good and bad practices. From the analysis above, it could be clear for us to get a clear view for the success and shortcomings of domestic juvenile condintion non-prosecution system.Finally, based on the theoretical and practical experience at home and abroad, the author proposed some suggestions to improve our juvenile conditional non-prosecution system; concludes three general principles, namely, preventiveness, individualization, contigency to guide our juvenile conditional non- prosecution system spirit; clarifying the investigation and assessment agencies(so as to specialize and professionalize our system); identifying additional obligations, obligations and necessary selective obligation (in addition to the mandatory statutory obligations); organizing autopic educational system, and customizing a unified, compatible, human-based regression program.