Research On Conditional Non Prosecution System Of China

With the continuous development of social economy, the judicial civilization degree is also gradually improve, at the same time huge and deep changes have taken place in social values, and the human rights protection consciousness gradually strengthened, which represents prominently in the judicial practice of criminal proceedings in the countries all over the world. Because of the world economy globalization speeding up, the criminal cases in nations of the world show an increasing tendency. The various new types crimes have emerged in endlessly and case complexity have deepened gradually,which have brought enormous pressure and challenges to judicial authorities around the world and have led to many irreconcilable contradiction between the limited judicial resources and the large number of cases produced. Establishing effective criminal procedural judicial system, streaming out no necessary cases of entering the procedure, saving judicial resources and reducing litigation costs, which are directions of continuously exploring and researching to the world’s countries. With the gradual promotion of judicial practice, attach conditions not to prosecute have earlier established established at abroad. This system is also known as deferred prosecution system, as an alternative measures of misdemeanor crime treated no charged, which can ease tight judicial resources effectively, realize cases streaming and make a lot of cases no longer into the litigation procedure, accordingly effectively reduce the cost and improve the efficiency of lawsuit. The establishment of the system also accord with the modern world advocated demands of incrimination, lightening penalty and individualized ideas in the criminal procedure of criminal punishment, meanwhile are basic requirements of the prosecution of cheap spirit and the concept of restorative justice. Those have given discretionary power to the pro-curatorial organs, which shall have right to select the cases of criminal proceedings from suing stage part to avoid the subsequent launch a series of links, thus to achieve the optimum result of litigation efficiency. In order to adapt to the growing trend of international community crime punishment of the crime, to ease the tension and stress of judicial resource in our country. On the basis of taking example of not to prosecute system in foreign countries as a reference, we have combined with our national conditions to continuously explore and practice. So China has accumulated plenty of experience in theory and practice of the system. In the end, the recent changes in our country in 2012 of the criminal procedure law of the People’s Republic of China attached conditions not to prosecute system in legal form. It is not only a big improvement of criminal procedure law in our country but also is the most direct embodiment of implementing strictly the criminal policy of combining in accordance with the law in our country and further promoting the concept of restorative justice. Conditional to non-suing system in China is regulated in the special section, and make clear a regulation of application of the system of the subject, object, scope of supervision and inspection, the main body of case, and the test period, conditions, rights relief program and so on. However, through the applicable conditions of the system compared with the foreign regulations in recent years, the author have found that the system still exists many shortcomings.By analyzing the system of deficiency, the author will give many little advises, looking forward to achieving lawmakers pursued legal effect and social effect with the perfected system.The article is divided into five parts:The first part:the overview of conditional not to prosecute.This part mainly from three aspects, and from the overall grasp the conditional not to sue system. First of all, from the concept of clear understanding conditional dispute not to sue system concept, the author puts forward his own understanding; Secondly, distinguish the conditional not to sue system from other types not to sue system to provide guarantees of the rationality of existence for the system; Thirdly, a comprehensive analysis of the attached conditions not to prosecute system value and significance for judicial practice.The second part:the background and theoretical basis of conditional not to sue system in our country. Deeply analyzing the background and theoretical basis of attached conditions not to prosecute system in our country,the author want to provide theoretical support and basis for the perfection of the system.The third part:the comparative investigation between conditional not to sue system regulations and rules abroad and our country. By introducing the relevant provisions of foreign system, the author delve the special provisions of the excavation and advantages of the system abroad, in contrast, specific provisions in the system of our country’s conditional not to prosecute. Making a comparative analysis, to provide convincing of lessons from foreign excellent system and lay a foundation to improve the system of our country attach conditions not to prosecute.The fourth part:the present situation and the applicable of attach conditions not to prosecute system in our country. This part by researching of the applicable condition and law provisions of conditional not to sue system in our country, we can clearly find that the system exists shortcomings in the process of application,which mainly displays in the system on relatively narrow applicable objects, the limited scope, unformed additional conditions and other aspects. The author analyzes shortcomings of each aspect, and provide the stage of rational solution for the next step.The fifth part:the improvement of the system of conditional not to sue. As the the last chapter of the full text, the author will focus entirely on the improvement of the system of conditional not to prosecute and put forward rational suggestions, highlighting the necessity of expanding the scope of the system case,which will provide ideas for the perfection of criminal legislation, in the meantime, propose more reasonable suggestions to the judicial practice in China.