Study On The Revocation Of Conditional Non-prosecution Decision

Conditional non-prosecution is the fourth independent non-prosecution system in China.There are many discussions and studies on the application of conditional non-prosecution and the construction of probation bases in academic and practical circles.However,there are few studies on the revocation decision of this system supervision and restriction mechanism,that is conditional non-prosecution.The following issues are all the difficulties in the revocation of conditional non-prosecution decision: how to determine the identification standard of ‘serious circumstance' when violating the regulation during the probation period;how to evaluate whether the decision of conditional non-prosecution is correct when relative non-prosecution and conditional non-prosecution are cross-applicable;whether the decision of conditional non-prosecution should be revoked after the fact of a crime has changed in a joint crime.For the relevant provisions of the revocation of conditional non-prosecution decision are relatively general,it leads to the inaccuracy of that in judicial practice.Based on the comparative analysis of juvenile(Xiaoli)'s cases of violation of regulations during the testing period,this thesis sorts out the relevant provisions,nature and classification of the revocation of conditional non-prosecution decision,as well as the controversial issues of discovering new crimes and omitted crimes during the probation period.With a focus on the study of the identification standard for determining the ‘serious circumstances' of violating supervision and management regulations during the probation period,the thesis suggests that the ‘serious circumstances' be refined according to the indicative obligations and prohibitive obligations.Meanwhile,it sorts out the logic relationship when conditional non-prosecution and relative non-prosecution are cross-applicable,and clarify whether the preferential application of relative non-prosecution is equal to the must-be application of it.What's more,for the cognizance of criminal facts in joint crime has changed,the thesis discuss separately according to the reduction of criminal amount,whether it constitutes a crime or not,as well as the types of crime,and it givesuggestions on how to deal with it.On this basis,in combination with foreign provisions on suspension of prosecution and revocation of hesitant prosecution,this thesis puts forward suggestions on perfecting the revocation of conditional non-prosecution decision at the legislative and supervisory levels,and it aims to further improve the accuracy and timeliness of the appropriate revocation of conditional non-prosecution decision through clarifying such issues.