An Analysis Of The Non-prosecution Of Additional Conditions

In criminal prosecutions, the procuratorial organ do not prosecute the crime suspect whomeet certain conditions and should bear criminal responsibility but set them some conditionsfor inspection during a certain period of time, and whether or not to prosecute depends ontheir performance during the inspection period. That is the basic meaning of “conditionalnon-prosecution” which falls into the scope of public prosecution system and is reflection ofthe procuratorial organ to exercise discretionary power. It has played a very big function sinceit had been applicable in our country, not only give full play to the function of punishmenteducation and save, also realized the pre-trial procedures between the prosecution and not toprosecute. It can save the limited judicial resources. So it is the important progress of thejudicial system in our country.Even though there is too many benefits this system has taken to us, deficiency and perilalso exist since pilot which we still need make changes on practice. So that Author begin thedissertation around “conditional non-prosecution” by making analysis on the deficiency ofthis system and combining foreign country’s experience to input some suggestions tocomplete this system. The author will express opinions from below5aspects:The first part, the author will begin with the origination of “conditionalnon-prosecution” talking about its basic connation and establishment, and then discuss itstheoretical principle with punishment purpose, the principle of litigation economy, restrainingpunishment principle and the concept of restorative justice.The second part, the author will compare relative legal system with “conditional non-prosecution” system in practice, people will mix up it with Relative non prosecutionsystem, probation and the criminal reconciliation. On this article, the author will explain theircommon points, and emphases on their differences to make the clarification.The third part, by analyzing foreign similar case on the relative systems, such as thedeferred prosecution system of American and some other countries of Continental legalsystem which apply on this system maturely like Hesitation prosecution system of Japan,Deferred prosecution system of German and Prosecution system of Taiwan, the author willexplore their development and content of legislation, analyze and criticize their socialpractice and relative results and get the advantages which we can take as references.The forth part, introduce that many Primary Procuratorates have made practical exploreson “conditional non-prosecution” before “law of criminal procedure” was published.Gradually this system was executed on more area of our Country and got many benign legaland social consequence and identify of inspecting Organs. Even that many pilots has acceptedthis system and made more detailed laws application of the system but there still has toomany problems and perils happened on the process. As further discussions and explores onthe system goes on after “conditional non-prosecution” system has been set up, there cameupsurge on discussing these problems and perils.The five part, regarding to many problems of this system during practice，the author willcome up with some suggestions to complete the system.