A Study Of The Non-prosecution Of Additional Conditions And Its Procedure Mechanism

With the development of social economy,crime occurrence rate has unceasing rised,crime types have unceasing increased,the conflict of austere crime condition and crime resources deficiency stands out day by day.Similar social actuality has appeared in German,Japan,America and other countries,in which the temporary delayed prosecution has been adopted with upstanding effect.In recent years,some procuratiorial organizations in our country have tried the non-prosecution additional conditions system one after the other,similar with the temporary delayed prosecution in forein countries.But they are now in the embarrassed condition because confronted with the difficulty of irregularity examination. In the view of judicial practice,author thinks that on the condition of not disobeying the forbidding law and infracting people's rights and interests ,the non-prosecution of additional conditions system as a new judicial act should be unceasingly perfected with its procedure mechanism under the practical exploration on the basis of the need of social development,and it shouldn't be standed on law provisions and understanded rigescently.Foreword,straight matter and epilogue are composed of the discourse,and four chapters are composed of the straight matter,in which author particularly expounds the non-prosecution of additional conditions and its procedure mechanism.In the foreword,there is author's consideration of establishing the non-prosecution of additional conditions system after undertaking a misdemeanor case,which is also the origin of this discourse.In the first chapter of straight matter,in combined with the era characteristic of our country's designing harmonious society,author expounds the practical need of establishing the non-prosecution of additional conditions system,mainly discussses that the non-prosecution of additional conditions system materializes the modestly restriction of criminal law,and it's also in according with the criminal law pursuing value,when advancing establishing harmonious society.In the second chapter,according to the spirit of the criminal policy of temper justice with mercy in our country,author expounds the practical feasibility of establishing the non-prosecution of additional conditions system,mainly unscrambles the basic connotation of the following idea,such as temper policy when it should be temperate,mercy policy when it should be merciful ,mutual temper and mercy policy,discriminating policy in the criminal policy of temper justice with mercy,and also discusses that the non-prosecution of additional conditions not only provides a judicial approach for carrying out mercy policy when it should be merciful,but also provide a possibility for satisfying a great deal of judicial resources which the temper policy when it should be temperate needs.In the third chapter,under the introduction and analysis of the experiment units of the non-prosecution of additional conditions ,author discusses that we can assume the irregularity risk when putting the non-prosecution of additional conditions system into pratice and it's also assumeworthy.At the same time,the author points out that the bylaw and procedure mechanism should be more perfected.In the forth chapter,the academic designing of the procedure mechanism in the non-prosecution of additional conditions is the most important in the discourse.After the matting of the frontal three chapters,in this chapter,on the basis of using the temporary delayed prosecution in forein countries for reference ,author designs the following academic system,such as the applying objects,condition,legal validity,concrete working procedure of the non-prosecution of additional conditions ,the relief mechanism of victims,the reviewing,helping and education mechanism to the criminal suspects and the supervision and restraint mechanism of the non-prosecution of additional conditions.In the epilogue,author is full of confidence of the non-prosecution of additional conditions and wish the reformation of China procuratorial system be successful.