Conditional Non-prosecution

From the perspective of economics, a system from three aspects of necessity,system’s feasibility and expected effect evaluation. Non prosecution of additionalconditions set for our society today is crunch time. Our country has entered into theeconomic development of the "highway" this high economic growth need othersuperstructure to provide a stable environment. But our society in transition, in thecriminal case situation has not been alleviated, according to statistics themisdemeanor cases accounted for more than half of the total number of judgment. Forthis kind of pressure, there is no ability to realize the system of prosecution of cases inthe trial of the shunt, caused great waste to the national judicial resources. USA,Germany, Japan and other countries as early as in the last century and even earlier onthe establishment of the relevant system, these countries to establish a similar systemis almost always derived from society’s urgent needs.conditional non-prosecution late start exploratory stage, the formation of thislegislation reflects the scientific system of our country, the international trend.Conditional non-prosecution system will help improve the criminal proceedingsefficiency and protection of related rights, but also reflects the people-orientedconcept of socialist rule of law and the idea of building a harmonious societyinteracting with each other, and related to the prosecution mode, the settlement oflitigation and other modern justice cutting-edge issues. In criminal proceedingsdevised methods and procedures more complete conditional non-prosecution of thecriminal justice system has a positive reform of great significance.This paper discusses the system of conditional non-prosecution mainly in thefollowing three aspects:Analysis of the first part is about the meaning of conditional non-prosecutionsystem, including legislative background, the value and the related legislative system. Research conditional non-prosecution system should take the connotation ofthe system as a logical starting point. Analysis in the current legal environment and alarge policy conditions attached to the necessity of the Criminal Procedure Codeintroduced the system not to prosecute. And other similar systems as the differencebetween a new system exists in the interpretation of ambiguity by clarifying conceptsdiscussed in this part of the conditional non-prosecution system, as well.The second part mainly through careful analysis and reflection, with conditionsnot found in our system of criminal prosecution of some of the problems that exist inthe legal system, as well as some problems exist in the system itself. Conditionalnon-prosecution system in which the criminal law system in the problems related tothe relationship between prosecutorial power and jurisdiction boundaries relationsconditional non-prosecution system and the Criminal Procedure Code in certainprinciples. With conditions not to prosecute their own problems means the " Code ofCriminal Procedure " in the conditional non-prosecution section of some problems inthe legislation, including the conditions attaching to the scope of issues related to thecase and to determine the existence of the program analysis.The third part is the legislative proposal with conditions not to prosecute in thissection committed to finding workable solutions by the foregoing summary andanalysis to improve the prosecution system is not conditional on the relevantlegislation. Including the five elements, the applicable conditions from theconditional non-prosecution, examining the way, relief system, revocation system,and compare several aspects of the legal consequences of the current legislation onconditional non-prosecution system compares the content presented to the relevantlegislation perfect proposal.