The Research On Perfection Of Minor Sub Conditional Non-prosecution System And Working Mechanism

After modification of the criminal litigation law, it established minor subconditional non-prosecution system. Although before modifying the CriminalProcedure Law, Some prosecutors across the country have already gradually beganDeferred prosecution of minors or minor sub conditional non-prosecution reformexploration, because There is no specific provision in the legislation, these reformexplorations subjected to criticism as “name is not correct, words will not ring true”.At this time, the modification of the criminal procedure law on the basis of drawingover reform, constructed minor sub conditional non-prosecution system. It is a majorbreakthrough of the construction of the juvenile justice system in China, helps toimprove the System of Non prosecution. Strengthen individual prevention of minors,Improve education effect.The first part of this article expounded the concept, definitions, theoreticalfoundation and China’s legislative and judicial practice of conditional non-prosecution.First, it points out that sub conditional non-prosecution system belonging to discretionnon-prosecution, but it is different from discretionary non prosecution specified in thecurrent legislative regulations, and clearly defines that the current legislativeregulations and conditional non-prosecution have the same nature. The difference isonly the title. Secondly, it concretely addresses the theory and root of conditional non-prosecution system. Finally, it forms two levels from all over the exploration and practice and legislative system, stated conditional non-prosecution system in thecurrent situation of China’s legislature and the judiciary. Selected those conditionalnon-prosecution work carried out earlier and had more Experience areas as the foretype, such as Changning City in Shanghai Province, Haidian City in Beijing City, andBeilun City in Ningbo Province and inspects their experience in practice andconducted comment.In the second part of this article analysis the theoretical basis and the necessityand feasibility of minor sub conditional non-prosecution system. On the Theoreticalbasis, discussed from three aspects, they are Sociological theory, Rights protectiontheory and judicial treatment. From the Necessity aspects, pointed out that Minorcrime and adult crime has essential difference, so strengthen the education of minorsto save them, this is the Necessary requirement to maintain stable and harmonioussociety and Promote the innovation in social management. On the Feasibility aspects,indicate that minor sub conditional non-prosecution system fit the handling policy ofour country juvenile criminal cases, it has formed the social consensus of minors to bebroad and gentle disposition, and prosecution offices around china Have advanceexploration, Accumulated more practice experience, did not cause intense socialcontroversy. In addition, analyzed the situation of minor sub conditionalnon-prosecution system not included in the legislation.The third part of this article analyses and studies the encounter problems andpuzzles of the before and after procuratorial organ implementation of sub conditionalnon-prosecution system through survey visiting of local No inspection departmentprosecutors and studying other people’s procuratorial organ investigation materials.And indicated that the causes of the problem were the provisions of the new criminalprocedure law being over principle, but the related working mechanism lack Led tothe obstacle in the system operationThe last part of this article proposed suggestions on the better carrying out minorsub conditional non-prosecution system From the level of systems and mechanisms,through using the experience of field inside and outside Combined with the researchthinking. On the Institutional level, the suggestion included A clear legal status of conditional non prosecution, enlarging the application scope complete minor subconditional non-prosecution system, Clearly minors conditional non-prosecutionapplicable conditions, complete executive procedure of minors conditionalnon-prosecution, relief of victims and objection, improve the procedures of legalsupervision, accelerate the development of juvenile justice system. Recommendationsof Working Mechanism levels include Starting mechanism of completing minor subconditional non-prosecution system, complete Study help mechanisms of minor subconditional non-prosecution system; we will improve the mechanism of the victimrights and the supervision of law enforcement.