Analysis On The Application Scope Of Conditional Non-prosecution System

The implementation methods of the conditional non-prosecution system in different countries and regions are different,and the titles are not uniform.As society continues to evolve,the number of crimes continues to increase.The problem of lack of judicial resources has gradually become apparent,and it is difficult to meet the requirements of crime prevention and punishment.New theoretical discussions have begun to rise in various places,such as the theory of education punishment and prosecution of cheapness.In this context,the exploration of the conditional non-prosecution system has gradually been valued.Under the background of the rule of law in the new era,the judicial concept of respecting and guaranteeing human rights has been paid more and more attention in our country,and the concept of restorative justice has been recognized by the judicial community.The contradiction between the large number of cases and judicial resources is intensifying at this stage.In order to alleviate this contradiction,China officially incorporated the conditional non-prosecution system into the 2012 Criminal Procedure Law.The purpose is to implement the criminal justice policy of leniency and strictness,protect the rights and interests of minors,and repair damaged social relations.However,due to prominent issues such as vague regulations,weak operability,and too narrow a scope,the application of the conditional non-prosecution system in judicial practice is not ideal.Relevant systems in some places outside the territory,such as the prosecution system,have played their unique role,improving the efficiency of litigation and saving judicial resources.In order to achieve the above purpose,China’s conditional non-prosecution is necessary for further improvement.The author takes the problems in the scope of application of conditional non-prosecution as the guide,and based on the explicit provisions of the Criminal Procedure Law,examines and compares the relevant legal provisions and judicial practices in other typical countries and regions,and makes relevant suggestions.Contribute to our own efforts to build a conditional non-prosecution system that meets China’s national conditions and has a significant effect.