The Study On The Difficulty Of Existent Conditional Non Prosecution System

In March 2012,the newly revised Criminal Procedure Law discussed with the minor criminal litigation procedures in special applications,which confirm the conditional non-prosecution system in the legislative level,and it were formally implemented on 1st,January 2013.It has carried out more than four years and has made some achievements in helping the criminal underage people with their personality correction,successfully returning to the campus,returning to the society,resolving social contradictions and saving judicial resources.But meanwhile,it also exposed some problems in practice,for example,the points set by conditional non-prosecution which the juvenile criminal suspects should comply in the probationary period are only four items and a little general with weaker operability,the role of procuratorate is unclear,and the application is cumbersome,heavy and risky in practice,the case officers of Criminal Prosecution of Minors are conservative and not willing,not daring to apply,the follow-up to the study of the poor performance,difficulties and so on.All these problems affected the specific practice and implementation of the system in some degree.How to correctly understand the system of conditional non-prosecution and the difficulty in solving the attached conditions without the prosecution is the real problem currently.How to get the essence of the conditional non-prosecution system is the most objective and maximized embodiment,which is the key point that needs to be solved.Combined with practice,I try to analyze the difficulties and problems of implementing the system in the process of handling the case and put forward some feasible suggestions to benefit the development of Criminal Prosecution of Minors.