On The Improvement Of Conditional Non-prosecution System In China

The newly amended Chinese Criminal Procedure Law in 2012 has added a clause on conditional non-prosecution,a great breakthrough in criminal legislation and practice for juvenile in China,will prompt the targeted and prime protection for the benefit of juvenile.That shows the tendency of temper justice with mercy in Chinese criminal laws and meets the reparative penalty theory in the world.However,in judicial practice,conditional non-prosecution has never been widely implemented,nor the pilot experience in some districts.That is the key problem of the system.The paper will start from the set system of conditional non-prosecution at present,analyze the status quo,conclude the problem and find out the reason by vertical and horizontal compare,and finally propose specific methods to make improvements in theory and practice.The structure of this thesis is divided into five chapters,as follows:Chapter Ⅰ is the overview of conditional non-prosecution system.In this part,Ⅰ define the concept of conditional non-prosecution system clearly,introduce its function,and then make a comparison between the system of conditional non-prosecution and reprieving prosecution,probation,discretion not to press charges.Chapter Ⅱ outlines the theoretical and realistic basis.The Chinese non-prosecution system emerges along with the changes of criminal justice ideas and the tension of judicial resources,displays the discretionary power of prosecuting and litigation economic principles,helps the juvenile criminals come back to society and amend the broken social relations,and implements the criminal policy of combining punishment with leniency.Chapter Ⅲ analyzes the relevant mechanism overseas.In this part,introducing the mechanism of typical countries of Civil Law System and Common Law System,and Taiwan district,I will analyze the different features of the above systems individually under the background of their own age in order to provide references for building up our own conditional non-prosecution system.Chapter Ⅳ will elaborate the development of conditional non-prosecution system stage by stage,learn of the status quo with empirical data,realizing the issue of low application rate of conditional non-prosecution,and analyze the roots linked with the system itself and social background,mainly on suitable sbjects and objects,the realm and period,remedy procedure,etc.Based on previous chapters,furthermore,chapter V primarily focuses on how to improve the conditional non-prosecution system,on the scope and conditions of application,additional obligations,practice methods and so on,providing references for the construction of our system.