On The Perfection Of Our Country’s Conditional Non-prosecution System

After more than two decades of pilot work,the conditional non-prosecution system was clarified in the form of legal provisions in the newly revised Criminal Procedure Law in 2012,providing the necessary procedural means for the effective handling of juvenile criminal cases.In the conditional non-prosecution achieved some positive results,while its problems in judicial practice is also increasingly prominent,through the application of the Taizhou procuratorate conditional non-prosecution of the current situation analysis,to find the shortcomings of the system to achieve further maturity and perfection.Due to the limitations of the system itself,the dilemma faced by the conditional non-prosecution is not only the application of the subject,the narrow scope of the crime,the application of space is small,the regions of the system’s restrictions on the conditions of use is not unified norms,it is easy to lead to judicial injustice,but also includes the social investigation and evaluation mechanism is a formality,the effect is greatly reduced,while the procuratorial organs as the only subject there is a risk of judicial corruption.Examination of the help system is not sound enough,the choice of the main body of supervision,the determination of help institutions,have become a difficult problem for the procuratorial authorities.In addition,the lack of social support mechanisms and the blurred boundaries of relative non-prosecution lead to a low application rate.All these make the actual application of the conditional non-prosecution system in China and the legislative expectations fall short.The study of juvenile delinquency in foreign regions and countries started earlier,and the system of conditional non-prosecution is more complete and mature,and there are bright spots for China to learn from and absorb.On the basis of our judicial practice,we can optimize the conditional non-prosecution system in China in the following aspects:appropriately expanding the scope of application,including broadening the scope of application,the subject of application,and clarifying the conditions of application;refining the social investigation and evaluation mechanism to ensure the reasonableness of the decision;improving the decision procedure of the procuratorate to maintain judicial fairness and justice;and building a localized social support system.system.It is expected that the above recommendations will help maximize the value of China’s conditional non-prosecution system.