Analysis Empirical Problems Of Conditional Non-Prosecution System

The content of the conditional non-prosecution system is determined by the Criminal Procedure Law of the People's Republic of China amended in 2012.This system embodies the concept of restorative justice in the stage of review and prosecution.It more accords with the purpose of strengthening the protection of minors' rights and interests in the new period,but as the system has not put into practice for a long time,there are also many disadvantages and shortcomings during the implementation.It is difficult to play a part which is expected to play when it is placed without amendment.This paper traces the source to tease out the principle of conditional non-prosecution system and realistic difficulties by the intention to use a combinative method of value judgement,comparative researchment and empirical analysis.It puts forward more feasible suggestions on the the problem of resolving difficulty by the analysis of extraterritorial related system bonded with the practical experience.The paper's main innovation reflect that it tries to use operability and purpose the two aspects to start point and enter point,basing on the practice,to come up with feasible and consummate suggestions with the analysis of actual dilemmas and problems encountered grassroots practice.This article summarizes the system of conditional non-prosecution,clearly and definitely defines its concept,outlines the origin of the conditional non-prosecution system through the transformed process of the penalty's concept in China,and explains the system's theoretical basis through the concept of restorative justice,etc.The writer selects the conditional non-prosecution system's interrelated practice as a sample in the three and a half years from 2015 to the first half of 2018 in a Procuratorate T District X City,China,Systematically analyze its practical application situation,and combines some typical cases to summarize the grassroots institution' main practices to carry out the system.Analyze the system on the problems of the small sum of applications cases encountered during the process of practical operation,narrow restrictions on accusations,application inequality,and imperfect supervision,etc.Find out the causes of the predicament's formation,and raise some perfect suggestions directing at the problems' root causes and bonding with extraterritorial related legislative experience,such as expanding the conditional non-prosecution system's scope of cases,completing the monitoring,helping and teaching mechanism,supervision and restriction mechanisms,and relief systems.It focuses on the improvement and perfection of the monitoring,helping and teaching mechanism,and put forward that the principle part of supervision and inspection should be clear and definite,the division of labor between the procurator and the judiciary must have be clear,and the social support system should be improved and professional specialized teaching institutions measures should be established.I hope that it will help to improve the conditional non-prosecution system for juvenile.