Research Report On The Application Of Conditional Non-prosecution In C City Y District Procuratorate

In 2012,China's conditional non-prosecution system was formally established in the criminal procedure law,which was further improved by relevant judicial interpretations.The author made an empirical investigation on the procuratorate of Y district in C city,collected relevant data,and observed the social effect of relevant case handling,then found out the deficiencies and causes of the system in operation and puts forward some countermeasures or Suggestions to further improve the conditional non-prosecution system during finding out the current situation and the existing effect of the conditional non-prosecution system in the operation of the procuratorate.In addition to the introduction,the main text consists of four parts and a total of more than 20,000 words.The first part elaborates the relevant content of the system of conditional non-prosecution.This part first briefly introduces the system of conditional non-prosecution in the world,the origin of conditional non-prosecution system in China,and analyzes several existing non-prosecutions in China,and then discusses the positive significance of the establishment of conditional non-prosecution system,the application conditions,the attached conditions,the mechanism of helping and investigating,the application procedures,the legal consequences of the decision and the supervision procedures.in detail.The second part discusses the operation of the conditional non-prosecution system of the Y District Procuratorate.During the five-year period from 2014 to 2018,the Procuratorate of District Y of City C handled a total of 210 cases and prosecution of 252 persons,of these,38 persons were subject to discretionary non-prosecution and 18 persons were subject to conditional non-prosecution.The applicable rate of conditional non-prosecution is 7.14%.In the process of applying the conditional non-prosecution system,the Y District Procuratorate has carried out some trials and innovations,mainly: First,strictly grasp the scope of application.The second is to strictly implement the social investigation system.The third is to build a nursing base with other units.The fourth is to increase psychological intervention to encourage minors to return to the right path.The third part analyzes the problems existing in the practice of China's conditional non-prosecution system,with the following points:First,the assessment has a great impact on the application rate.The second is the addition of the understanding of the victim as a necessary condition.The third is the lack of external supervision.Fourth,the application of the crime and the scope of the subject is too narrow.Fifth,the victim's right to self-indictment was denied.Sixth is the problem in the subject of investigation and management.The fourth part proposes countermeasures to solve the problem.The first is to rationally formulate the examination and incentive mechanism for handling cases.The second is to remove the illegal conditions such as obtaining the victim's understanding from the necessary conditions.The third is to improve the supervision and control mechanism and strengthen supervision.The fourth is to expand the scope of application and application of the crime.The fifth is to increase the victim's remedy and add the victim's right to self-indictment.The sixth is to improve the inspection and supervision mode and introduce community corrections.