On The Perfection Of Conditional Non-prosecution System

In recent years our country economy swift and violent development,deepen the reform process,the key of the society in transition period,coupled with the family,school and social education is not perfect,more and more of the minor crime cases,and the age of the criminal suspect the characteristics of the present age,therefore,in order to protect minors,the misguided underage criminal suspect will be better able to accept education and reform,return to society,conditional lawmakers not to Sue system into the field of vision,the system of legislation,for the points of the development of our country is of great significance.First of all,the system makes the former "illegal practice" of conditional non-prosecution of minors truly legal.Secondly,attach conditions not to prosecute system legislation,can greatly relieve the pressure on the judicial and procuratorial organs,greatly save the judicial resources,improve the efficiency of the litigation,enables the limited judicial resources to play a role in must be prosecuted cases,make the parties can feel of each case of judicial fairness and justice.Finally,the system of legislation is absolutely not accidental,it is based on our country's judicial practice,in line with the state for the minor criminal suspects save,education,and influence on policy,on the basis of absorbing previous not to prosecute the successful experience of the system of legislation,the criminal procedure law of our country's an audacious innovation practice.However,China's conditional non-prosecution system is only six years old from legislation to practice,compared with other countries in the world,both in terms of legislative time and practical experience,there is a big gap.Specific terms,the provisions of the conditions not to prosecute system suitable limit to the minor criminal suspects and other objects not applicable,from the applicable scope of cases and penalty range,the system is only applicable in our criminal law provisions of chapter four,five,six and within a year shall be sentenced to fixed-term imprisonment of crimes,our country law such rules lead to be able to apply in practice,few cases,the provisions of the c-plus for sincere is not clear,the system in practice apply rate is extremely low,the system should have functions have also been greatly reduced.In addition,the relevant procedural design of the conditional non-prosecution system is not sound enough,and the supporting social investigation system and the legal provisions of the investigation and education system are not perfect,which leads to a lot of problems in the application of the system in judicial practice.To solve these problems,this article from the social reality in our country,put forward a series of reasonable Suggestions related,in perfect law enforcement at the same time,also can further protect the legitimate rights and interests of the minor criminal suspects,make "education,persuasion and save" underage criminal suspect's policy to get real implementation,better punish crime at the same time also can better prevent minor crime,eventually make the attached conditions not to prosecute system in the judicial practice to play its proper value.