Practical Difficulties And Feasibility Solutions Of Conditional Non-Prosecution System

On March 14,2012,the Fifth session of the Eleventh National Congress of the People's Republic of China adopted the decision on amending the Criminal Procedure Law of the People's Republic of China,which came into effect on January 1,2013.One of the important measures of the amendment was the addition of a special chapter on special procedures for minors,the establishment of a series of new procedures,including the system of conditional non-prosecution and the system of sealing and storing criminal records,and the beginning of a new chapter in handling juvenile criminal cases.The system of conditional non-prosecution provides a new way of protection and a new scheme to reduce the impact of criminal punishment for minors who have already committed crimes.At the right moment,the author began the work of handling juvenile criminal procuratorial cases.On January 1,2018,the conditional non-prosecution system was put into operation for five years,serving as a front-line unchecked police officer at the grass-roots level.The author experienced the system from exploring the initial to perfectand step by step to the maturity of the norms.The system of conditional non-prosecution has gradually come out of the stage of creation in the course of implementation.However,with the further exposure of many practical problems,some problems have been explored,and some simple thoughts have been put forward.Some problems are still puzzling.In this paper,the author will try to comb,summarize and sum up the cases of "S City M District" conditional non-prosecution in the past five years,and try to clarify some of the controversial issues in practice and provide some appropriate ideas.The procuratorate of this municipality promulgated detailed rules for the implementation of the system of conditional non-prosecution of minors,which provided a solid guide for the implementation of standardization and operationalization of the system of conditional non-prosecution;a few days ago,The Supreme People's Procuratorate has also issued guidelines for the trial of criminal procuratorial work for minors,and has also set certain standards for the system of non-prosecution under conditions.Maybe we can provide some ideas and suggestions for the introduction of national implementation norms within the scope of this article.