An Empirical Study Of Conditional Non-prosecution Systems

Conditional not to Sue system refers to the procuratorial organs in accordance with the relevant laws and regulations,to conform to the statutory conditions of underage criminal suspect,the inspecting terms and conditions,according to the underage criminal suspect during the investigation period of comprehensive performance,finally decide whether a system of the public prosecution.Conditional minors not to Sue system,fully gives the procuratorial organ to handle at the discretion of the minor criminal cases,fully embodies the Chinese judicial for juvenile criminal suspects shall implement the principle of the \ "education is given priority to,punishment is complementary\".New criminal procedural law formally established the system of conditional not to prosecute,but there are big on law principle,the specific implementation of the system related issues without further refinement,related mechanism also has not yet been established.Procuratorial organs how to correctly understand the system of conditional not to prosecute the relevant laws and regulations,how to accurately apply in judicial practice related articles of conditional not to Sue system,how to explore the related mechanism,becomes an important issue facing the procuratorial organ.This article through to the shandong province weifang kuiwen district prosecutors attach conditions not to prosecute the case as research samples,analyzing the characteristics of the procuratorial organs attach conditions not to prosecute the case and the specific applicable conditions,summarizes the system of conditional not to prosecute the practice effect,found that attach conditions not to prosecute in the problems in the operation of the system,and based on this puts forward the solution and countermeasures,and to apply conditional in the judicial practice not to prosecute put forward relevant Suggestions,to play the positive role of conditional not to Sue system,the purpose of legislation.