Research On The Conditional Non-prosecution System For Minors In China

In 2012,the Criminal Procedure Law was substantially revised,and the “Special Procedure for Minors” stipulated in the special chapter was a major highlight in the revision.Among them,the “juvenile conditional non-prosecution system” that has been discretioned is even more A major institutional innovation in human rights protection and litigation.The system itself is far-reaching and has never been an adult,with a view to the long-term stability of the country.However,this system is not only the scholars who study the system,but also the teachers and students who study the relevant knowledge,and the procuratorate who is engaged in the procuratorial work of minors.Not widely known.Behind the formation of the system,the long and arduous theoretical debates and practical explorations that have been experienced for more than ten years should be known by more people.The conditional non-prosecution system for minors has the same root relationship with the non-penalization and non-custodialization of juvenile offenders,which is generally recognized by the international community.It is inseparable from the judicial policy of tempering justice with strictness,as an institutional innovation in juvenile justice in China.It is another big step for China's road to human rights protection.China's minor conditional non-prosecution system is rooted in the soil of the principle of prosecuting cheapism and the theory of jurisprudence,transplanting and integrating advanced ideas such as the modest and criminal justice of criminal law and punishment.The legislative content shows that the system has the characteristics of determining the uniqueness of the subject and the applicable object,the fixedness of the scope of the applicable case,the specificity of the test period and the performance obligation,and the pendingness of the processing result.In the six years of practice since the implementation of the legislation,the positive effects of covering education to save suspects of minors,repairing social relations,and achieving the purpose of punishment have been achieved.Through research,it can be found that Germany and other countries and regions have already carried out more detailed research and exploration on the conditional non-prosecution system,and even formed a relatively systematic institutional mechanism.In contrast,China's minors have conditional non-prosecution.The system started late and has a shallow foundation.In order to further improve the system,whether it is advanced experience or problems that have already been exposed,it is worthwhile to conduct more in-depth research and discussion in future legislation and practice.While seeing the gratifying effect of the conditional non-prosecution system for minors in judicial practice,it is more noticeable that it gradually exposes the applicable defects,such as the strict scope of application,the decision procedure is not adapted to the reality,and help The investigation mechanism is unreasonable,the supervision and restriction mechanism is incomplete,the relief mechanism is not perfect,and the judicial practice rate is low.The existence of these problems directly leads to the current situation in which the system is not very operational.By interpreting the specific connotation and development of the current system,we use the investigation method,the literature research method,the analytical comparison method,and refer to the advanced experience of other fields to start from the objective reality of the applicable defects that have been highlighted in our practice.Proposing perfect opinions and suggestions with directivity and operability,such as appropriately relaxing the scope of application,expanding the main body of the program,enriching the inspection organs,standardizing the reporting procedures,granting a wider reconsideration power,and effectively changing the judicial concept,etc.