Research On Conditional Non-prosecution

With the criminal policy "Misdemeanor leniently punished international community and felony heavier punished" in the international community and China’s " combing punishment with leniency" popularized, prosecutors across the country attempted at learning of foreign similar system on the basis of fully consider the basic situation of China’s socialist legal system in the past decades of years, and finally on March 14,2012, conditional non-prosecution system was officially written to the "People’s Republic of China Criminal Procedure Law Amendment", and was formally implemented in January 1,2013. This is a kind of innovation on protecting the minors in our country’s criminal procedure, and it has got the community’s support and recognition. Conditional non-prosecution system has been effective in crime prevention, reducing the chances of crime once again. After more than two years since implemented, conditional non-prosecution system is effective on crime prevention, reducing the chances of crime once again, meanwhile it can effectively resolve social conflicts and promote social harmony and stability. At the same time, some details of conditional non-prosecution system begin to emerge, which are plaguing our judicial practice, such as how to understand the applicable penalties, how to set the conditions attached to the minors, how education system should be built and run, how evidence should be preserved, as well as how to build external supervision mechanism. This paper aims to do analysis on the above issues, and then search for a viable solution, in order to provide a reference for the conditional non-prosecution system.