Conditional non-prosecution system is a flexible application of restorative justice concept in the field of juvenile crime,which can reasonably allocate judicial resources,effectively prevent and reduce crimes,and resolve social contradictions.However,the system of conditional non-prosecution of minors inevitably produces a series of problems in the application process,such as the application condition is difficult to consider,the cancellation procedure is not perfect,the investigation and education procedure has defects,and the victim's right relief is ignored.Take the main existing problems as the breakthrough point,at the same time learn from the advanced countries and regions outside of legislative experience,such as draw lessons from Germany is relatively perfect victim right relief way,Japan complete social investigation system,the institutional model of the British judiciary working together,the enhanced with conditions not to prosecute system interoperability,optimize the cancellation procedure,perfecting the education mechanism,perfecting the four levels of right remedy for the victim,the improvement of the corresponding measures and Suggestions,in order to attach conditions not to prosecute system play a better value. |