On The Improvement Of Conditional Non-prosecution System

Unlike other countries,China's conditional non-prosecution comes from judicial practice and was explored in the early 1990 s to meet the needs of criminal policy.The generation of this system in China is not the design of the upper system,so it is necessary to analyze it.This article will be based on the existing conditional nonprosecution system,with reference to the relevant legal provisions outside the domain,combined with judicial practice,from four aspects of analysis and research,and then put forward the perfection.In the first part,the article mainly expounds the origin,concept and constitutional basis of the conditional non-prosecution system.In the historical development process of the criminal litigation system,it has experienced the stages of prosecuting statutoryism and prosecuting cheapism.Due to many considerations such as optimizing judicial resources and preventive education,more and more suspects who meet the corresponding conditions are given non-custodialization.Punishment.With the rapid development of society and the gradual improvement of the legal system,conditional non-prosecution as a system has also arisen.In the second part,the article analyzes the current legislative content from the legal level,and expounds the necessary value of the existence of the system from the social status quo.At the same time,combined with the judicial practice in recent years,it analyzes many problems in the judicial practice,and then demonstrates that the system needs to be further supplemented and improved.In the third part,the article mainly examines and analyzes the relevant legal systems outside Germany and Japan.The relevant German system sets the standard according to the weight of the statutory penalty in terms of the scope of application.In the effectiveness of the system,the effectiveness of the statute of effect can be stopped and the re-prosecution is prohibited.Germany and Japan are stricter in the restrictions and relief mechanisms;Germany In terms of the qualification of additional conditions,since many additional conditions are based on economic compensation,it is inevitable to give people the suspicion of spending money to buy freedom.In judicial practice,Japan is more common,which is also related to Japanese criminal and administrative punishment.Not made a clear distinction.In the fourth part of the article,the author puts forward four suggestions.One is to appropriately expand the applicable subject object and clearly apply the conditions,the second is to formulate the conditions for the operation,and the third is to divide the supervision and inspection function into community correction.Strengthening the internal and external supervision of the procuratorial organs to improve the supervision and control mechanism,and the fourth is to improve the supporting system from the aspects of diversifying the main body of the teaching and learning and diversifying the corrective methods.