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On Minor Crime Conditional Non-prosecution System

Posted on:2018-03-02Degree:MasterType:Thesis
Country:ChinaCandidate:X W LiFull Text:PDF
GTID:2336330515492383Subject:Procedural Law
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With the continuous development of criminal justice practice,the doctrine of prosecuting discretion has gradually played a crucial role in the system of criminal justice as the doctrine of commencement of by law has been broken.<The Criminal Procedure Law > in 2013 formally established the system of non-prosecution of minors in the form of legislation and made a series of norms of the contents of additional conditions which allowed some minor criminal cases of minors to resolve in the prosecution stage,improved the litigation efficiency,and saved the litigation resources.However,there are a number of problems in the implement of system of non-prosecution of minors.For instance,the scope of application of this system is narrow,supervision and control system is uncompleted in the practice which lets the conditions of minors cannot implement well.In terms of those current situation,I will discuss this system combined with the abroad theoretical system and the evolving outcomes of the practice and hope it will be beneficial to the development of conditions of the system of suicide.First of all,this paper will analyze the purpose,meaning,the practice of domestic and international research of the juvenile conditional non-prosecution system to provide background foundation to the construction of the conditional non-prosecution system.Next,it will conceptualize the connotation,the general understanding of the concept of non-prosecution through the characteristics of the values of a comprehensive and systematic analysis of the conditions do not prosecute to offer the comprehensive theoretical support of the conditions of the juvenile unconditional lack of prosecution system.There are five basic problems of the system of conditional non-prosecution which are scope in the practice is narrow,the application condition is fuzzy,the relief time is lagging behind,the supervision system is bad through the analysis of the legislation and judicial application of the conditional non-prosecution system of minors in China.Finally,it will provide possible suggestions for the juvenile conditional non-prosecution system in terms of deficiency of current situation by using case study.All the method should based on realizing problems of juvenile conditional non-prosecution system China and summarizing this system of other nations?regions?.
Keywords/Search Tags:Conditional non-prosecution, Juvenile delinquency, Litigation system, Practice exploration
PDF Full Text Request
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