Research On Expanding The Application Scope Of Conditional Non-prosecution System

Since the amendment of the 2012 Criminal Procedure Law,the conditional non-prosecution system has been officially implemented in China for five years.According to the results of the judicial practice in the past five years,the system has shown both the correction of juvenile criminal suspects and the diversion of cases.It has superiority unparalleled by other systems.However,due to the consideration of China ' s national conditions and judicial practice,the criminal procedure law of the time adopted a more prudent legislative attitude when it first enacted legislation.Therefore,the current system is used to look at the system's The scope of application appears to be relatively narrow.This article puts forward some legislative proposals for extending the scope of application of the conditional non-prosecution system by sorting out the related foreign legislation and domestic judicial practice experience,which provides reference for the further improvement of the legislative system of the Chinese criminal procedure law.This article is mainly composed of four parts.The first part introduces the rationality of expanding the scope of application of the conditional non-prosecution system in China.First,it introduces the concept and development history of China's conditional non-prosecution system,followed by a description of conditional non-prosecution.The relevant theoretical basis of the system is the final discussion of the practical basis for extending the scope of application of the conditional non-prosecution system.The second part mainly elaborates the relevant legislative provisions in foreign countries and Taiwan region of China.It mainly focuses on the legislation of Germany,Japan,the United States,and the Taiwan region of China and summarizes the similarities and differences in legislation between the above-mentioned countries or regions.The third part mainly includes three aspects.First,the deficiencies of China's conditional non-prosecution system in the application of the main body;second,the limitations of the system in applying the type of the case;and the third,the conditional non-prosecution system is in use.Disadvantages in the length of the sentence.The fourth part is the focus of the article,which is mainly divided into three parts.The first is the proposal that China's conditional non-prosecution system be improved in the application of the main body,including the proposal that the old people over 75 years of age,college students,and pregnant women Women and for-profit legal persons who are pregnant or nursing their own babies are also gradually included in the scope of application.Secondly,they introduce the scope of the application of the system to which the type of case should beexpanded.Finally,they describe how the scope of application of the sentence is concerned.Increased legislative advice.