Conditional Non-prosecution System Research

The conditional non-prosecution system originated in countries such as Germany and Japan with the aim of safeguarding human rights and saving judicial resources.In China,the conditional non-prosecution system has experienced three stages of development.From 1992 to 2008,the preliminary exploration stage mainly suspends the juvenile criminal suspects from non-prosecution.From 2009 to 2012,the development and promotion stage is for minors and the elderly.The minor criminal cases of special groups such as people and students make a decision on conditional non-prosecution.The Criminal Procedure Law of 2012 was amended to finally establish a conditional non-prosecution system for minors.The establishment of the system has eased the contradiction between high crime rate and limited litigation resources,which helps to help minors to rehabilitate and return to society,and is conducive to creating a harmonious and stable family and social environment.It fully embodies the principle of education,probation and salvation for minors involved in crimes in criminal proceedings in China,as well as the principle of education as the mainstay and punishment as a supplement.However,due to the dilemma of the application of the system,its application rate is low in practice and has not achieved the expected results.This article takes the sample of the S District S Prosecutor's Office as an example,and intends to discuss it from several parts:The first part,the basic legal framework for conditional non-prosecution,introduces the provisions of conditional non-prosecution in China and the development abroad,and through comparison,draws on experience and finds deficiencies.The second part,the status quo of conditional non-prosecution,introduces the situation of accepting juvenile crimes and the application of conditional non-prosecution in the S district procuratorate of S province for six years,and the innovative practices and applicable effects of the court on conditional non-prosecution.The third part,the predicament of conditional non-prosecution system,expounds the shortcomings of conditional non-prosecution in the Criminal Procedure Law from three aspects:applicable conditions,hearing procedures,and inspection and teaching.The fourth part is to improve the conditional non-prosecution proposal,mainly to propose countermeasures for the problems exposed in the third part of the conditional non-prosecution in the course of practice.