Research Report On The Implementation Status Of Conditional Non-Prosecution System

With the rapid development of China's market economy,the criminal offenders are tending to be increasingly younger,and the number of minor criminal suspects is huge.Minor delinquency has drawn attention from all walks of life.In order to better correct and educate the minors involved in crimes and to alleviate the conflict between the surge in crime rate and the lack of judicial resources,the special procedure in the Criminal Procedure Law revised in 2012 provides a conditional non-prosecution system by three rules.This system aims to protect the legitimate rights and interests of the minors involved in crimes to the greatest extent,that is,to open the door for the minor criminal suspects to apply the conditional non-prosecution system by which they may be influenced and educated under the principle of imposing a legally prescribed punishment for a specified crime and striking balance between crime and punishment.However,it is not enough to only make laws and their vitality lies in their implementation.Thus,it is not enough to have a conditional non-prosecution system.Only when the case is handled in strict accordance with the criminal procedure can the unity of good legal effect and social effect be achieved.Therefore,the author finds problems and solves the problems during the process of investigating the actual operating conditions of the conditional non-prosecution system of the procuratorial organs in W city,J province,so as to improve the system,improve the efficiency of lawsuits,and better defend the rights and interests of minors involved in crimes.This paper is mainly divided into four parts to study the implementation of the conditional non-prosecution system in W city,J province:The first part:it mainly outlines the basic concepts,contents,and meanings of conditional non-prosecution system.The second part:it introduces the basic principles,department profile,applicable conditions,and procedural conditions of conditional non-prosecution system in W city,J province.What's more,this paper also analyzes the current situation of the application of conditional non-prosecution system through its related data and explains its practical significance.The third part:it analyzes the existing deficiencies during the implementation of the conditional non-prosecution system through the second part.We probe into problems mainly from three aspects,namely:the low rate of application;the lack of supervision and control mechanisms for the application process;imperfect inspection and aid measures.From the perspective of judicial practice,the specific reasons for the emergence of these problems are analyzed.The reasons for the low application rate are as follows:firstly,the prison term is difficult to control.Secondly,the boundaries between discretion and non-prosecution are vague.Thirdly,it is difficult for the parties to reconcile.Fourthly,the cost of its application is high.Fifth,the application procedures are cumbersome.The imperfection of the supervision and restriction mechanism is mainly demonstrated by the lack of remedy measures and the lack of effectiveness of the victim's objections.The insufficiency of inspection and aid measures mainly involves the following aspects:first,supervision during the inspection period is inadequate.Second,the cooperation mechanism in different places is not perfect.Third,the external linkage mechanism is not perfect.Fourth,the social support system is not perfect.Fifth,the setting of inspection and aid content is not targeted.The fourth part:on the basis of the implementation predicament of the conditional non-prosecution mentioned in the third part,the development strategies in future are proposed in consideration of relevant experience of W-city.The system can be improved mainly from two aspects:the regulations of conditional non-prosecution system and the inspection and aid measures.The improvement of the regulations mainly involves five aspects:the refinement of the applicable conditions,the improvement of the start-up procedure,the development of an appropriate evaluation mechanism,the intensification of mediation efforts to promote the settlement of the parties and adding hearing system.The improvement of inspection and aid involves the following four aspects:the first is to build multifaceted inspection and aid teams under the leadership of the procuratorial organs;the second is to build a multiple aid-teaching platform;the third is to set various forms and contents;and the fourth is to promote the diversity of aid-teaching mechanisms.