The Analysis On Legal Theory Of Several Cases Of The Non-prosecution Of Additional Conditions

There are great differences in applicable objects applicable procedures, applicable conditions and inspection period in non-prosecution system of additional conditions which has been on trial implementation in prosecution practice in China because it has not been regulated in law.lt has arised fierce dispute in academic circles and judicial circles. The non-prosecution of additional conditions was established according to the doctrine of free evaluation prosecution and the principle of crime depenalization treatment.It can cover the shortage of the existing prosecution system,save judicial resources,improve the efficiency of lawsuit and make the offenders return to society by means of education and persuasion.It will play great role in the process of constructing harmonious society,but it will also face a lot of misgivings.For example,it is legal or not,violates the principle of a legally prescribed punishment for a specified crime,the principle of equality before the law,the principle of the separation of the accusation and trial or not,infringe upon court's independent judicial power or not,lead to abusing of discretion and indulging crime or not and infringing the victim's litigation rights or not and so on..The article plainly analysed the above questions and dicussed the scientific connotation applicable obejects,the applicable conditions,the applicable procedures and supervision and restriction mechanism through several cases in order to make beneficial exploration to make non-prosecution of additional conditions be regulated in our country's law as soon as possible.This article divided into three chapters to carry on the elaboration.The first chapter introduced the basic facts of the three cases and relevant issues.Drew forth non-prosecution system of additional conditions which has been on trial implementation and its controversy.In the second chapter,analysed the three cases by using universal theory in non-prosecution of additional conditions.The third chapter discussed the scientific connotation,applicable obejects, the applicable conditions,the applicable procedures and supervision and restriction mechanism to provide experience to deal with similar cases later on and provide references to construct the non-prosecution system of additional conditions.