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Emperical Research On The System Of Conditional Non-prosecution Of Minors In Heb Province

Posted on:2020-01-22Degree:MasterType:Thesis
Country:ChinaCandidate:Y Y ZhangFull Text:PDF
GTID:2416330602468383Subject:legal
Abstract/Summary:PDF Full Text Request
As for the minors involved in crime,China has always emphasized the principle of education and correction.In the fifth chapter of the Criminal Procedure Law revised in 2012,the system of conditional non-prosecution for minors has been specifically stipulated,the establishment of this system has far-reaching significance in education,probation,saving juvenile suspects,saving judicial resources and improving the efficiency of litigation,the application of this system has been seven years.The preliminary implementation effect of the system,the existing problems and how to improve the practical operation and improve the legal system are urgent to be studied.The People's Procuratorate of H Province is one of the first procuratorates to explore this system.People's procuratorates at all levels in this province have made achievements in the implementation of this system,and have established a relatively complete system to apply the process.At the same time,they have also set up a nursing and teaching base for minors,so as to formulate appropriate nursing and teaching measures for minors involved in crime.Through the analysis and comparison of actual data in H province from 2013 to 2019 for the application of this system,investigate the typical cases of applying this system in the province,and participate in the interview and discussion of juvenile prosecutors,clarified and verified the deficiencies of this system,and concluded that the system of conditional non-prosecution does not have a high proportion in the actual operation.The relevant legislation still needs detailed interpretation,in the process of operation,there exists the problem that social investigation is only a formality,meanwhile,the setting of the probation period is relatively simple,and the risk assessment of juvenile delinquency is also difficult to determine.The investigation and education mechanism for minors involved in crime needs to be improved,and there is a lack of special funds to guarantee it.The internal supervision of the procuratorial organ is lack of restriction,and its operation is relatively closed.The lack of juvenile prosecutors and the pressure of handling cases are so great that it is difficult to realize the expected effect of the system only by itself.Based on the experience of similar systems in other countries,it is suggested that the applicable standards of conditional non-prosecution system should be clarified in the future legislative and judicial practices,make detailed provisions on relevant issues,by setting up a reasonable test period,clarify the main body,content and method of social investigation report,and to establish a scientific risk assessment system,so as to promote the operability of the system in practice.Optimize the personnel allocation of procuratorial organs and the way of handling cases,transferring the work of psychological counseling,observation,helping and teaching to social forces,establishing and improving the social support system for minors,introduce professional forces and carry out employment skills training for minors.We should improve the supervision mechanism of conditional non-prosecution,strengthen the internal supervision of procuratorial organs and introduce the hearing procedure,so that the system can play its function more effectively in judicial practice and further promote the protection of the legitimate rights and interests of minors.
Keywords/Search Tags:Conditional non-prosecution, Juvenile criminal suspect, Criminal procedure
PDF Full Text Request
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