A Comparative Study On Conditional Non-prosecution System

The conditional non-prosecution system is a kind of discretion not to prosecute. The system is restorative justice in the effective use of our country, it is the product of prosecution and litigation economy. The system embody the non crime, non penalty and criminal principle. Conditional non-prosecution system originated in Germany and Japan, has successfully apply for half a century, but it established its own position in the criminal procedure law in our country. In this paper take reference the basis of non-prosecution legislation model of foreign conditions and comparison with the conditional non-prosecution in our country, put forward the conditional non-prosecution system in China and existing problems and give some reasonable suggestions on these problems.This paper discussed the conditional non-prosecution system with three part.The first chapter mainly introduces the background, significance, suitable conditions in our country, the present stage of country grass-roots procuratorate pilot work.We find some problem and put forward in our country.The second chapter is the comparative study of conditional non-prosecution system. We investigated the similar system and compared similarities and differences, making it a perfect system of non-prosecution of additional conditions for our reference.In third chapter we put forward reasonable suggestions of the non-prosecution for our country. By take reference of our country advanced legislative mode, we could solve practical problem in our country existing system. In order to complete this system, we proposed to establish the hearing procedure and introducing supervision mechanism.