| China is currently in transition period. Since the end of last century ,the considerable yearly increase of adolescent crimes and low-aging of criminal adolescents have become an extraordinary problem that is seriously harmful to society order ,so corresponding legal actions must be taken to prevent adolescents from committing crimes or decrease it. The thought of establishing reprieve of prosecution system for adolescent criminal is proposed with the trend of the times.As part of the criminal procedural legal systems, prosecution reprieve reveals the doctrine of prosecution. Compared with its extensive application in America, Japan, and Tai Wan area in our country, the prosecution reprieve system has not been established in Mainland China. However, in recent years, the public prosecuting organs in several regions have undergone some trial applications to minors and college students, achieving sound social effects. Adhering to the criminal punishment doctrine of"strictness with leniency", prosecution reprieve has well illustrated the lenience policy.This essay is composed of four chapters. Chapter 1 gives an explanation for the concept and characteristic of adolescent reprieve of prosecution. Chapter 2 compares the systems in Germany, Japan and Tai Wan to draw lessons from them for china to found its own system of prosecution reprieve. Chapter 3 describes the theoretical basis of reprieve of prosecution. And says the public doubt to the practical action on China's adolescent reprieved prosecution system. Answers that the doubt during the course which China performs this system, points out that it's reasonable for China to establish the system. Chapter 4 details the structure for establishing the system of adolescents'prosecution reprieve. |
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