A Research On Conditional Non-prosecution System

The appellations of Conditional Non-prosecution System are not exactly the same in different countries and regions.With the development of the times,the number of crimes increases and the limited judicial resources are not enough to meet the requirements of crime prevention and punishment against crimes,result from which the theory of the purpose of criminal penalty and education punishment becomes prevailing,and doctrine of prosecuting discretion becomes to be in fashion.The principle of restraining modesty in criminal law and the economical principle of litigation have been implemented in many countries and regions,and the prosecutor's discretion have integrated into the theory of public prosecution right,which have laid solid foundation for the occurrence of conditional non-prosecution system.The exploration for conditional non-prosecution system have begun in a lot of countries and regions,such as America,Germany,Japan and Taiwan region of our country,there has been social and theoretical basis for the occurrence of conditional non-prosecution system in these countries and regions.The occurrence of the aforesaid system have met with the need of social development,and it's conducive to making a balance among the parties in criminal proceedings on their intrests and restoring social relations and saving the judicial resources as well as improving judicial efficiency.As for the aforesaid conditional non-prosecution system,the origins,appellations,applications and pros and cons differ in different countries.The very earliest exploration derived from the judicial practice attempt of Changning District people's Procuratorate of Shanghai in 1990 s.From then on,because of the good social effect,more and more procuratorial authorities also applied the conditional non-prosecution system gradually and they all obtained preferable legal and social effect,which promoted the addition of the aforesaid system in the amendment of Criminal Procedure Law in 2012.However,there are merely 3 provisions about that and the related regulations are quite simple as well,its deficiencies are also utterly obvious,for instance,the scope of application is much too narrow,and there have no explicit provisions for the aforesaid system and there exist conflicts amid the legal effects of conditional non-prosecution,etc.Stemming from this,how to further improve conditional non-prosecution system in the legal theoretical and practical fields will necessarily become the very emphasis.The author also encountered many a practical problem in the application of conditional non-prosecution system in judicial practice,besides,the author conceived how to improve the aforesaid system,such as broadening the scope of application of conditional non-prosecution,making it clear the application conditions and legal effects of it,detailing the helping and educating measures,strengthening supervision and restriction mechanism and so forth,striving to render the aforesaid system more reasonable and operable.