Research On The Conditional Non-Prosecution Syste

In recent years,juvenile delinquency cases have occurred all over the country.The state and society usually think that too serious punishment will be detrimental to the growth of minors.On the contrary,for juvenile delinquency suspect,education should not be a serious crime,but also education and saving.Therefore,a special procedure for minors came into being,which is the conditional non prosecution system.The system was established for the first time in the criminal procedure law of2012 and stipulates the dual relief mode for victims,that is,if the victim is not satisfied with the conditional non prosecution decision,he can appeal to the superior procuratorial organ,which is the right of appeal;At the same time,the victim is also allowed to bring a lawsuit directly to the people's court without appeal,which is the right of self appeal.However,in the legislative interpretation of conditional non prosecution system in 2014,it soon denied the relief method of the victim's right of self prosecution and only retained the right of appeal.Since then,article 282 of China's current criminal procedure law has made specific provisions on the conditional non prosecution system,including the applicable conditions of conditional non prosecution,and defined the relief methods of victims.Specifically,this article clearly stipulates that the decision of conditional non prosecution for minors involved in crime and the decision of final non prosecution after the test of conditional non prosecution,the victim has no right of self prosecution,but only the right of appeal.Return of the prodigal son to the juvenile,and the protection of the juvenile suspect,giving the opportunity to "return to the throne",but the rights of victims who should have more rights and interests are more restricted.Therefore,the purpose of this paper is to examine the conditional non prosecution system from the perspective of the victim.The victim,as the vulnerable party in the criminal case,should have received timely relief and compensation for the loss.How to protect the rights and interests of the victim,strengthen its existing litigation rights and improve its unclear rights,we need to improve the system from the aspects of legislation,judicial practice,procedural supervision and so on,Broaden channels for victims to realize their own rights and interests.This paper is mainly divided into four parts: the first part is an overview of the protection mechanism of victims' rights and interests in conditional non prosecution,which is demonstrated from three aspects: research scope,theoretical basis and research significance.According to the particularity of victims and their core needs,this paper confirms the research direction of this paper,demonstrates the theoretical basis of this paper from the concept of human rights protection,the concept of equal protection and the concept of restorative justice,and then obtains the research significance of this paper.The second part introduces the current legislation on the protection of victims' rights and interests in China's conditional non prosecution system,analyzes the current legislative situation of the protection of victims' rights and interests from multiple effectiveness levels of law,legislative interpretation,judicial interpretation,departmental rules and other normative documents,and evaluates the current legislative situation.In addition,through data analysis,the current situation of the implementation of the system in recent years and case analysis,this paper summarizes the existing problems of China's conditional non prosecution system in the protection of the rights and interests of victims.The third part is the extraterritorial investigation and experience enlightenment of the protection of the rights and interests of victims.Through the study of the relevant special systems in Germany,Japan and Chinese Taiwan,we can draw lessons from the experience and Enlightenment of our country.The fourth part is some suggestions on establishing the protection mechanism of victims' rights and interests in China's conditional non prosecution system,which are based on the system itself,the establishment of victims' rights and the improvement of the investigation,assistance and education system.