Study On The System Of Conditional Non-prosecution In China

In the 1990s,Changning District People's Procuratorate of Shanghai tried to handle the first case of conditional non prosecution of minors.The system of conditional non prosecution in China experienced nearly 30 years from its inception to its birth.In 2012,as a special system for handling juvenile criminal cases,it was established in the revised criminal procedure law,which is the whole revision of the criminal procedure law The most colorful stroke.The emergence of conditional non prosecution system has upgraded the litigation system of our country from the low-level form of "no prosecution for micro crimes" to the high-level form of retained prosecution for incidental punishment",which provides more and more appropriate ways to deal with juvenile criminal crimes.It is a great progress of juvenile justice in our country,which is charged with the goal of education,influence and saving juvenile involved in crimes.At present,the system of conditional non prosecution of minors in China has been established.The application conditions,starting and application procedures,investigation and investigation consequences of the conditional non prosecution system are stipulated in the legislation.However,the system of conditional non prosecution is affected by system design,law enforcement scale,judicial system reform and other factors.Its overall application rate in juvenile crime cases is low,and the lower application rate makes the function of the system difficult to play.From the perspective of system,there are some problems in the system design of conditional non prosecution,such as the irrationality of starting and deciding the program design,and the absence of examining the function of educational correction.At the same time,on the practical level,there are differences between judicial standards and legislative standards in the application of crime types,judicial personnel grasp the sentencing conditions at will,and limit the natural conditions of the applicable objects.Therefore,on the one hand,the expansion of function can help to solve the problem of low application rate of conditional non prosecution,and at the same time,it can solve the problem of rectifying the lack of function of conditional non prosecution system education.Secondly,it is necessary to further clarify the applicable standards of the judiciary.Finally,through the reasonable improvement of the procedure,we can make the conditional non prosecution system more suitable for the judicial situation after the reform of the judicial responsibility system,so as to promote the rational use of the conditional non prosecution system.The thesis is divided into three parts.The first part discusses the legislative background,characteristics and basic functions of conditional non prosecution system.The second part describes the current situation and existing problems of China's conditional non prosecution system,including system design and practice.In the third part,the author puts forward some concrete suggestions to improve the conditional non prosecution system from three aspects:reasonable expansion of function,further clear applicable standards and reasonable improvement of procedures...