Research On The Application Of Conditional Non-Prosecution System Under The Background Of Leniency Of Confession And Punishment

The lenient system of criminal conviction and punishment and conditional non prosecution are both important measures in China's criminal justice.The former aims to implement the criminal policy of temper justice with mercy and optimize the rational allocation of judicial resources,while the latter focuses on the correction and education of juvenile suspects and promotes the diversion of pre-trial process.Although they have different emphases,they still have the same theoretical basis and have a high degree of agreement in value function.It is of great theoretical and practical significance to apply the conditional non prosecution system in the cases of confession of guilt and punishment,which not only has great theoretical and practical significance to improve the system of non prosecution in criminal procedure,but also has a great guiding role in criminal judicial practice.From the theoretical level,it is conducive to the realization of human rights protection,promote the organic unity of judicial justice and efficiency,enrich the existing non prosecution system,and implement the criminal policy of temper justice with mercy;from the perspective of practice,it helps to promote the pre-trial triage of criminal cases,avoid excessive delay and backlog of cases,and relieve the pressure of court cases.However,there are also many problems in judicial practice.The scope of voluntary prosecution is not limited by the freedom of prosecution.By comparing the theoretical research and practical experience of leniency system and conditional non prosecution system in foreign countries and regions,and combining with the actual needs of criminal justice in our country,we can construct the rules of conditional non prosecution system in the cases of confession and punishment.First of all,in view of the wide scope of the cases and the applicable subjects of the conditional non prosecution system,we should expand the scope of the conditional non prosecution system to all the subjects who plead guilty and punish,and relax the limitation of the accusation and sentence of conditional non prosecution.Secondly,we should clarify the nature of the conditional non prosecution from the two aspects of substantive sanctions and special treatment measures Based on the need of lenient examination of repentance,enrich the specific forms of attached conditions,and present the psychology of repentance as specific words or behaviors.Furthermore,we should improve the investigation and assistance mechanism of conditional non prosecution system,set up diversified supervision and investigation subjects,and refinethe investigation content,so as to solve the lack of voluntary review mode and the review tolerance of confession and punishment Finally,we should establish the corresponding procedure of disposal and relief,strengthen the restriction and supervision of the procuratorial organ from two aspects of internal process and external strengthening,guarantee the accused's right to choose the procedure with the "procedure turning" procedure,reduce the unjust and false cases,and ensure the judicial justice.