Research On Helping And Instruction Work Under The Legal System Of Conditional Non-prosecution

In juvenile criminal justice work,as the main means to implement the principle of "education first,punishment second",the value and function of help and education work lies in the realization of juvenile delinquency correction and return to society.As the implementation of the policy of "less arrest and careful prosecution" in juvenile criminal justice,the conditional non-prosecution system is an important part of the procedure of juvenile criminal cases,in which the work of help and education not only has the general function of "education",but also has the important function of deciding the direction of the lawsuit.In recent years,in the United States and other countries outside,minors judicial work idea also have a revolutionary change,emphasis on education and punishment for the integration of diversified concept gradually into the mainstream,and minors in the judicial work in our country,there is still a one-sided emphasis on the value orientation of "education" function,to a certain extent hindered the juvenile judicial work to keep pace with The Times.In the face of the new trend and change of juvenile criminal crimes,rearranging the concept of juvenile judicial work,and rebuilding the working mechanism of conditional non-prosecution under its guidance,is not only of great significance to play the value of the system of conditional non-prosecution,but also the fundamental of the ultimate realization of "accurate help and education".This paper tries to clarify its conceptual value and working mechanism from the theoretical and empirical research on the conditional non-prosecution of help and education,and introduces and summarizes the characteristics of several typical working modes in Chongqing,Chengdu,Shanghai and other places,and explores their advantages and disadvantages.On this basis,it further summarizes the deficiencies in the concept,top-level design and social support system construction of China’s conditional non-prosecution help and education work.Germany,Sweden,Japan,the United States and other countries outside at crime minors education work to explore early,has formed a mature work mechanism,the diversification of the judicial work idea,construction of the mechanism of professional norms,perfecting the rich means of disposal and judicial enjoy fusion with social work for our country attach conditions not to prosecute the development of education work provides a useful reference.According to the characteristics of juvenile criminal justice work new conditional not to Sue in China education work needs to be in the update work idea,construction of professional norms of work system,and further strengthening the construction of the system of social support on,fundamentally improve the precision and validity of education work,promote the realization of conditional value not to Sue system.