The Dilemma And Countermeasure Of The Application Of Conditional Non-prosecution System

After many years of judicial practice and theoretical discussion,in 2012,our country formally established the conditional non-prosecution system in the criminal procedure law.The establishment of the system gives the prosecutor another discretion besides the relatively non-prosecution,provides a new pre-trial path for juveniles who commit a crime to deal with,which is a splendid stroke of the system of criminal procedure for minors and even the whole juvenile justice system.However,because the legislator fails to fully absorb the beneficial judicial practice experience,the application of the system in judicial practice is not ideal.The research purpose of this paper is to improve the conditional non-prosecution system,firstly,elaborate the connotation and characteristics of the conditional non-prosecution system,then explain the reasons of choosing Zhongshan as the research sample.On the basis of summarizing the juridical practice of the conditional non-prosecution in zhongshan district over the past four years,through studying the sample date and typical cases,point out the main dilemma faced by the conditional non-prosecution system,which is:The application of law is difficult,judicial application rate is low,the effect of application is unsatisfactory,eventually,combining theory with practice,put forward feasible countermeasure to solve the dilemma,which is:Remodelling applicable standard,broaden the range of application,nomalize the application of the system,improve the support system for teaching and helping.