On The Application Of Conditional Non-prosecution

Influenced by the relevant juvenile justice systems of Germany,Japan and other countries,China formally established the conditional non prosecution system in 2012.The system of conditional non prosecution provides a new way to deal with the minors involved in crime.It replaces the traditional punishment with the education and rescue measures to avoid the negative consequences of the traditional punishment.The theoretical basis of the birth of conditional non prosecution system is the concept of juvenile justice,the core of which is to maximize the interests of children.Different from the traditional concept of "retribution",the juvenile justice concept highlights the education and protection of juvenile criminal suspects,which is reflected in the following two aspects: first,adhere to the principle of "education first,punishment second",give priority to the implementation of education and rescue measures for juvenile criminal suspects;second,urge juvenile criminal suspects to actively assume responsibility,repair the damaged social relations.It is of great significance to help the juvenile suspects return to society to choose and apply the conditional non prosecution system based on the juvenile justice concept.However,in the current judicial practice,there are still some problems in the application of the conditional non prosecution system,which affects the application effect of the system.In order to better achieve the purpose of "minors protection",we need to solve the problems in the application of conditional non prosecution system.This paper aims at the application dilemma of the conditional non prosecution system,combined with the theoretical basis of the conditional non prosecution system,to explore the internal causes of the application dilemma,and on this basis to find solutions.After investigation,the author found that the main problems in the judicial practice are: there are differences in the prosecution’s grasp of the applicable conditions of the system,the inability to distinguish accurately from the application of the relative non prosecution system,and the lack of inspection on the implementation of the aid and education system.There are multiple reasons for the occurrence of the problems: first,the prosecutor’s insufficient cognition of the value basis of the conditional non prosecution system;second,the procuratorial organ confuses the nature of the "additional conditions" in practice;third,the participants in judicial practice are too single.To solve the application dilemma of conditional non prosecution system in practice,it is necessary for procuratorial organs to implement the basic concept of juvenile justice and attach importance to the protection of minors.In terms of the scope of application of the conditional non prosecution system,it can be considered to remove the restrictions on the suspect of juvenile crime and expand the scope of "possible penalty".In terms of the application of the relative non prosecution system,the procuratorial organ should give priority to the conditional non prosecution system.When investigating and helping the juvenile criminal suspects,the procuratorial organ should actively cooperate with multiple subjects to form a multi-level mechanism.