Research On The Supervision And Inspection System Of Conditional Non-prosecution In My Countr

Governance of juvenile delinquency has been a crucial part of the state’s fight against crime for many years.On the basis of summing up the experience of the country’s pilot work in the past few years,the Criminal Procedure Law revised in2012 stipulates the system of conditional non prosecution of minors,and stipulates that the prosecutor’s court will conduct investigation and supervision on the juvenile suspect who are conditional non prosecution.Conditional non prosecution system is an important part of the construction of a diversified dispute resolution mechanism in China,especially assuming the special responsibility of pre-trial disposal of juvenile criminal cases,which provides a strong help for criminal minors to return to social life.The first part of this paper discusses the basic theory of the supervision and inspection system of conditional non prosecution in China,mainly from three aspects:the development process of the system of conditional non prosecution,the concept and necessity of the system of conditional non prosecution supervision and inspection.The second part focuses on the comparison of foreign systems,studying the relevant non prosecution systems in Germany,Japan and the United States,such as the German system of reprieve of prosecution,the Japanese system of hesitation in prosecution and rejuvenation protection,and the American system of reprieve of prosecution and diversion projects.At the same time,it analyzes the systems of the above countries after comparison,and draws relevant inspiration from China’s legislation and practice.The third part focuses on the existing defects and problems of China’s current system.In terms of the content of the supervision and inspection system,there are problems such as narrow scope of supervision and inspection,imperfect conditions,unclear standards and too single inspection mode;At the level of the main body of the supervision and inspection system,there are defects in the current stage,such as the lack of specialization of supervision and inspection personnel and the lack of supervision and inspection power of the procuratorial organ;In addition,in terms of the practice of the supervision and inspection system,there are still some defects,such as the hearing procedure needs to be improved,the operation mechanism is not perfect,the follow-up help and education is not in place,and the lack of effective supervision and inspection results evaluation.In the fourth part,it analyzes what kind of road China should take to improve the system.First,optimize the relevant provisions of the system,such as enriching the scope of the main body of supervision and inspection,refining the conditions of supervision and inspection,defining the standards of supervision and inspection and additional obligations of supervision and inspection;Then we need to pay attention to the systematic construction of the main body of the supervision and inspection system,speed up the establishment of special procuratorial organizations,and speed up the establishment of the help and education socialization system with the procuratorial organ as the core;Finally,we should pay attention to improving the practical effect of supervision and inspection,improve the hearing procedure,create a return visit help and education system and build a supporting mechanism of conditional non prosecution system.The conditional non prosecution system not only expresses the concern for the applicable objects,but also bears the responsibility of educating and correcting minors,punishing and preventing criminal acts,and helping and repairing social relations.Therefore,it has become a key topic of public concern.The practical effect of the supervision and inspection system directly determines the implementation of the conditional non prosecution system.