On Our Minor Defects Conditional Non-prosecution And Perfection

Minors are the backbone of the country and nation, the healthy growth of the relationship between the well-being of hundreds of millions of households and the country’s harmony and stability, the relationship between the state and the future of the nation. In recent years, the number of minor crime trend growth, crime subject younger ages, criminal means diversification, etc. Judicial practice department according to the particularity of minor crime, have begun to actively explore and matching of various legal measures, strengthen the judicial protection of minor crime has more and more get people’s attention. Efforts to achieve a minor criminal protection system of scientific, reasonable and effective. New points on the basis of summing up the experience of judicial reform, was first established in legislation system of conditional minors not to prosecute. Strict limits on the conditional minors not to prosecute, the applicable scope of the specific applicable objects may be sentenced to fixed-term imprisonment of not more than one years for the following punishment of minors. Establishment of the system of conditional minors not to Sue,to a certain extent, improve the not to Sue system of our country. But in legislation and theory and practice of expectations has bigger gap, with a minor conditional there exist certain differences in not to prosecute the practice exploration, conditional involving minors not to prosecute the application of the former evaluation and conditional minors not to prosecute suspects supervision mechanism is not perfect, etc,through in-depth discussion of the problem above, make minors conditional not to Sue system theory more perfect is rich, also has reference significance for judicial practice or instruction value theory and running mechanism.This article mainly divides into four parts, the first chapter mainly discusses the basic conditional minors not to Sue system, state the relevant concepts and the differences and relations with other system; The second chapter inspects and conditional minors not to Sue system for reference of foreign legislation and practice,through analysis and comparison, to perfect our country’s conditional minors not to prosecute system provides some idea; The third chapter on our country’s conditional minors not to Sue system were analyzed, and the related legislation and practice combining with the theory, conditional listed minors not to Sue system on the problems existing in the use of. The fourth chapter puts forward to perfect ourconditional minors not to Sue system, relevant Suggestions and measures.