Research On The Protection Of The Rights And Interests Of Victims In The Conditional Non-prosecution System

Minors are the future of a country,so the protection of minors has always been the mainstream of society.In order to protect juvenile suspects in criminal cases,the lawmakers set up a system of conditional non prosecution based on procedural diversion and saving the needs of judicial resources.However,if the conditional non-prosecution system is abused,it will inevitably damage the legitimate interests of the interests of the opposites and the victims,resulting in the aggravation of the contradiction between the victims and minor suspects,which will impede the realization of the victims’ demands.Although the relevant provisions on the conditional non prosecution system have been made by legislation,however,from the perspective of legislation and practice,there are many problems in the conditional non-prosecution system in China.Especially,there are many drawbacks in the protection of victims’ rights and interests.Based on the current situation of non conditional prosecution system,the reasons for victims’ interests’ protection are discussed,and the reasons for it are discussed.The main contents of the paper are as follows:From the perspective of theories at home and abroad,we explore the background of conditional non-prosecution system,and compare the differences and differences between the two systems in the same system at home and abroad.Analyze the advantages of other countries and regions and learn from learning.And based on the status of domestic theoretical research,the significance and value of this subject study are discussed.Based on the existing legislative provisions and practice,the difficulties in the protection of the interests of the victims are found.The following points are summarized as follows:first,the conditional non prosecution system lacks supervision;second,the victim’s objection right is infringed;third,the victim’s remedy way is single;fourth,the damage compensation is not enough.In order to guarantee the rights and interests of the victims in the system of conditional non prosecution,the above four difficulties must be solved.To know it is to know what it is.In order to solve the above difficulties,we must know the reasons for the existence of the difficulties.According to the provisions of law,theoretical research and practice analysis,the following are the following reasons:first,the biased purpose of legislation;second is the relative legislation;third is the guidance of theoretical research;fourth is the power expansion of the procuratorate.The combination of these reasons makes it difficult to protect the interests of the victims.In order to protect the legitimate rights and interests of the victims,the system of conditional non prosecution needs to be perfected.Perfect the conditional non prosecution system,from the following aspects:such as the establishment of the system of conditional non prosecution supervision system,the decentralization of power,to avoid the abuse of power;to give victims the right of victims to exercise the right to protect their legitimate rights and interests;or perfect remedies is harmful,the use of power to safeguard the interests of victims;in addition in addition,the need to strengthen the interests of victims compensation efforts.From different angles,we should improve the system of non prosecution and guarantee the interests of the victims.