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On The Applicable Standards Of The Conditional Non-prosecution System In My Country

Posted on:2018-07-22Degree:MasterType:Thesis
Country:ChinaCandidate:X S ZhangFull Text:PDF
GTID:2436330542989963Subject:Criminal procedure law
Abstract/Summary:PDF Full Text Request
The conditional non-prosecution system,also called suspended prosecution system,is a kind of non-prosecution system in our country.The main contents are the standard of conditional non-prosecution,the specific inspection methods,the results of the review,the right relief measures and so on.In 2012,the conditional non-prosecution system formally as a special system of juvenile criminal prosecution came into our country's Criminal Procedure Code.Our country finally has a unified standard.This is a powerful impetus for the development of conditional non-prosecution system in China,which is conducive to the promotion of restorative justice concepts and the implementation of lawsuit economic principles.But after more than three years of operating,the results are not satisfactory.According to official authority statistics,until August 2015,only 8376 minors apply the conditional non-prosecution.One of the most important reasons is the applicable standard need to be improved.For example,the scope of application of the standard is too narrow,with the provisions of the performance of repentance is too principled;and how to operate the social survey procedures,how to design the hearing process,etc.In addition,caution with the standard is not detailed,and the blurred boundary between the relative non-prosecution and the conditional non-prosecution is also an urgent problem need to be solved.To this end,this paper mainly used comparative analysis,chart analysis and historical analysis to discuss theorigin of the conditional non-prosecution system,the characteristic of the standard and transition of the conditional non-prosecution.This paper analyzed the current situation of conditional non-prosecution system in our country,summarized its shortcomings,and learn from the advanced experience of foreign countries to put forward some suggestions.Besides preface and epilogue,this paper is composed of three parts,the specific content is as follows:The first part briefly introduces the development background of this system and the transition history of applicable standards.It includes three parts.First is the introduction of the concept and background of this system.Second is the discussion of the exploration process of the applicable standard of this system.Third is the introduction of the applicable standard of the extraterritorial relevant system and its future development trend.The second part analyses the existing problems of the conditional non-prosecution system.Conditional non-prosecution system,as a special system of juvenile justice,mainly focuses on educating and saving minors and restoring the damaged social relations,at the same time reduces the judicial cost.But there are many shortcomings because it is a new system,such as the scope of application of the standard is too narrow,with the provisions of the performance of repentance is too principled,difficult to distinguish between the conditional non-prosecution system and the discretional non-prosecution,etc.The third part put forward the proposed solution according the problems listed in the second part.First is to further expand the scope of application of the system.Second is to further improve the standard procedures,such as listening to opinions procedures,hearing procedures,etc.Third is to further improve the standard and increase the feasibility of this system.
Keywords/Search Tags:Conditional non-prosecution system, juvenile criminal procedure, restorative justice
PDF Full Text Request
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