| Juvenile crime, as well as environmental pollution, drug trafficking has become three top worldwide public hazards on human social nowadays. Countries around the world, all regions are studying on how to prevent and punish Juvenile crime. In 2012, the newly revised criminal procedure law absorbed similar foreign system and set " minor criminal case judicial proceedings ", which can be seen in article271 to article 273. This system provides basis for the theoretical research,and at the same time it can be used as a basis for the Non-prosecution of additional Conditions in judicial practice. It has been two years since the law was put into practice. It is necessary to study the operation station,and whether the design is in line with the practice and whether it has achieved the desired effect. Now we would take People's Procuratorate of C District in A city as an example to study on the Non-prosecution of additional Conditions.There are six part in this chapter:The first part. Introduction. This part focuses on the basic meaning of Non-prosecution of additional Conditions, the research status and the purpose, methods and innovation of it. This article can be served as a guide and give an general idea of research scope, methods and innovation.The second part. The running status of Non-prosecution of additional Conditions in C area A city. This part take the Non-prosecution cases of additional Conditions in People's Procuratorate of C district in A city from the year 2012 to 2014 as an example and take it basic data as base, at the same time add the typical cases. Thus it summed up the main characteristic of this system in C area A city. The characteristics and problems is that the rate of non-prosecution of additional conditions is higher than that of the adult, but the absolute number of application is low, and the rate is low. The enthusiasm of prosecutors on the application of the system is not high.The third part. The effect of Non-prosecution of additional Conditions in C area A city. This part further explore the data, cases and interview in the second part and adopt the combination of inductive and deductive thinking to think deeply about phenomenon, investigate the real issues behind the numbers, interview to give the conclusion that there are three aspects in Non-prosecution of additional Conditions in C area A city. first,it is beneficial to the correction; of minor criminal suspects personality. Second, it is conducive to resolve contradictions, maintain social harmony and stability. Third, it is conducive to save judicial resources. The first two are dominant but the last one is hidden.The fourth part. The exposed problems and reasons of Non-prosecution of additional Conditions in C area A city. The part and the third part can be seen as a problem of two aspects. the third part discusses the good results of this system while this part mainly focus on the weaknesses and the reasons of these weaknesses. By anglicizing these problems, it lays the foundation for the perfection of the system and its prospect. After data analyzing, investigation and seriously thinking, we find the cause of these problems are both internal and external.For the internal, the scope is too narrow and the boundary of non-prosecution is unknown, besides the help and education system is imperfect. For the external, the conception is deviation and the assessment is deform, and social support system is not enough.The fifth part. The improvement and the prospect of non-prosecution of additional Conditions. Based on the exposed problems and causes of these problems, this part mainly discuss on how to deal with it. we should expand the scope of application, clarify the relationship with non-prosecution, set reasonable education system and strengthen assessment measures, thus we can achieve the desired effect in operation.The sixth part. conclusion. This part makes a brief summarization of this article and hope the system could become a effective measure to cope with minor crime... |
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