Study On The Conditional Non-prosecution System Applied To Cases Of Plea Guilty And Punished Lenienc

The procedural diversion value of realizing the lenient system of confession and punishment should not only focus on the diversion between complexity and simplicity of the trial procedure,but also control the number of cases entering the trial procedure at the stage of examination and prosecution,which will have a significant effect on relieving the pressure of the case trial.As one of the manifestations of non-prosecution,the application rate of conditional non-prosecution in the current judicial practice is very low,which would not lead to the effect of pre-trial diversion.The reason is that the conditional non-prosecution system is defined as a special procedure for juveniles in our country,and its scope of application is extremely limited.The system of lenient admission and punishment of guilty plea provides institutional and practical space for the expansion of the scope of application of conditional non-prosecution.The system of conditional non-prosecution and the system of lenient admission and punishment of guilty plea all agree with the objectives,functions and applicable conditions.Due to the difference of the guiding ideology,the juveniles' conditional non-prosecution system and the adult's need to be distinguished in many aspects,such as the specific application of sentence,provisos,supervision and inspection.Finally,considering the abuse of the conditional non-prosecution system by the procuratorial organs,we should highlight the legal help of the duty lawyer to the unappealing person and ensure the voluntary nature of the confession and punishment.On the other hand,we should strengthen the supervision of the conditional non-prosecution decision through public handling,document reasoning and other public means to ensure the correctness of the decision.The thesis consists of three parts.The first part introduces the necessity of applying conditional non-prosecution in the case of lenient confession and punishment.Firstly,the background,target and connotation of lenient system of guilty plea and punishment are introduced,and then the connotation and theoretical basis of conditional non-prosecution system are described.The problems existing in the application of conditional non-prosecution and the insufficient diversion function of the system of lenient admission of confession and punishment are discussed.It is the realistic demand of our country to raise the application rate of conditional non-prosecution in the case of guilty admission and punishment.The second part demonstrates the practical and theoretical feasibility of applying the conditional non-prosecution system in lenient cases of confession and punishment.On the one hand,through the investigation of practice,it is found that a considerable number of cases of guilty plea and punishment can be diverted by attaching conditions without prosecution.On the other hand,the theoretical feasibility of conditional non-prosecution in lenient cases of guilty plea and punishment is reflected in that conditional non-prosecution is guilty admission and punishment.The third part proposes how to expand the system of conditional non-prosecution if the application rate of conditional non-prosecution is increased in the case of leniency of confession and punishment.First of all,we should expand the subject of application to the adults who have pleaded guilty and accepted punishment,and then put forward how the system of conditional non-prosecution would be differentiated between adults and juveniles after the subject is expanded.Finally,because the thesis proposes that the scope of application of conditional-non prosecution should be expanded,which means the scope of the procuratorial discretion should also be expanded,so we should supervise and restrict this expansion and prevent the procuratorial organ from abusing the right of conditional non-prosecution through the supervision of the internal and external subjects.