Empirical Study Of Conditional Non-prosecution System In B Pocuratorate In Shanghai As An Example

The "Criminal Procedure Law of the People's Republic of China" was amended in 2013.In order to protect minors involved in crimes,a conditional non-prosecution system was stipulated in the criminal procedure of juvenile criminal cases.In recent years,with the exploration and practice of the conditional non-prosecution system in various procuratorates,there also exists some problems.This paper analyzes the application of conditional non-prosecution in the case of juvenile delinquency cases handled by the procuratorate of District B of Shanghai.It is found some problems,the scope of application is relatively small,the rights of victims and suspects are not fully protected,the confusion exists between the conditional non-prosecution and relative non-prosecution,application of the conditional non-prosecution is difficult to balance in joint crime,the additional conditions and cancellation conditions are not clear,the supervision and restriction mechanism is not perfect,the practical difficulties exists in the help and education and so on.And then according to the above issues,put forward the legislative proposals and the improvement in judicial practice.