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Studv On The Supervision And Inspection Mechanism Of Minors With Conditional Non-prosecution

Posted on:2019-06-27Degree:MasterType:Thesis
Country:ChinaCandidate:Q LiFull Text:PDF
GTID:2416330572463026Subject:Law
Abstract/Summary:PDF Full Text Request
As a measure of decriminalization,the system of non-prosecution of minors with conditions is conducive to the rescue and correction of minors involved in crimes.Education is used instead of punishment to achieve thorough correction and prevent recidivism,so that minors involved in crimes are "purified" into juvenile.The key link in this system is supervision and investigation,and the procuratorial organs,by setting a time limit for investigation,attach certain "conditions" to the minors involved in the crime,and,after the expiration of the period,make a decision not to prosecute the minors who have performed well.Prosecution of minors for serious violations of their obligations.Through the investigation of the application of conditional non-prosecution to the juvenile criminal cases in K city procuratorial organs,the author finds that the application rate of the system is generally not high at the grassroots procuratorates,and it does not fully play its due value and role.In order to find out the problem,the author found that the reason why the application rate of the conditional non-prosecution system for minors is not high is that the supervision and inspection mechanism is not perfect.The main manifestations are that the subject of supervision is not systematic,the additional obligations for supervision and inspection are not clear,the mode of supervision and investigation is single,and follow-up help is not available.This has led the procuratorial organs to resort to formal inspection and help in practice.Some of them have been re-committed after they have returned to society without being charged.In order to break through the "bottleneck" in the application of conditional non-prosecution by procuratorial organs,the author puts forward bold ideas on the conditional non-prosecution system for minors,based on the useful attempts of procuratorial organs in various places and on his own practical experience.It was to be hoped that some reference would be made to the application of the system for prosecutors who failed to prosecute,and some suggestions for future legislation aimed at expanding the application of the system of conditional non-prosecution of minors.This article is divided into six parts:The first part introduces the analysis and characteristics of juvenile delinquency cases in K city and puts forward the research topics.The second part is the necessity of supervision and inspection of minors with conditions and no prosecution system.The third part is the risk control of the non-prosecution system for minors.The fourth part supervises the legal consequences after the expiration of the inspection.The fifth part is the reference of the supervision and investigation of the extraterritorial similarity system.The sixth part of minors with conditions not to prosecute the difficult situation of supervision and inspection.The sixth part consummates the concept of supervision and inspection mechanism for minors with conditions not to sue.
Keywords/Search Tags:minor, Conditions for non-prosecution, Supervision visits
PDF Full Text Request
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