Research On The Coditional Non-prosecution Investigation System

The deepening development of criminal judicial practice makes the strict prosecution of legal doctrine broken gradually, and the doctrine of prosecuting discretion got certain development. Some slight crime cases, combined with the situation of the criminal suspects and the nature of the case, can be solved by a system in Sue phase to avoid the waste of judicial resources.To this end, our country carry out the positive judicial exploration through the implementation of the deferred prosecution in practice in the form of inspection before litigation for juvenile criminal suspects, and thus to protect minors from imprisonment punishment, and it caused wide attention and discussion. The criminal procedure law amendment revised in 2012 established the conditional non-prosecution system in the form of legislation.The system made some specification, but it is too principled and no specific guidance practice. Some system of rules is still in the blind area and lead to judicial system vulnerabilities.The procuratorial organ has been carried out for more than 20 years for the system in practice and it formed a lot of mature and perfect theory system to meet the needs of specific development practice and the reality in our country. Legislation ignores the beneficial experience that the procuratorial organ has done in the judicial practice, and this theory in practice have some problems in the operation because of the disconnection of the theory and practice. Therefore, it is necessary for the system to analyze carefully and improve it based on our practice development. Based on the case as a breakthrough point, this text analyze the experience and deficiency carefully that have reflected in the case when our country apply the conditional non-prosecution investigation system, and contact present situation and the problems of investigation system in our country, and combine the beneficial measures of investigation system in different countries and regions, it put forward the proposal to perfect conditional non-prosecution investigation system when our country apply.