Research On Conditional Non-prosecution System In The Treatment Mode Of Unit Crime

The Conditional Non-Prosecution System of unit crime is the innovation of the treatment mode of unit crime in China dealing with existing problems of the current mode.Through the observation towards the Pretrial Agreement System of America corporate crime,taking national conditions and pilot experience of Conditional Non-Prosecution System into consideration,this paper is devoted in discussing the significance and feasibility of constructing Conditional Non-Prosecution System of unit crime comprehensively,and putting forward the principle of system construction,furthermore,some preliminary ideas on constituting the Conditional Non-Prosecution System of unit crime in China.This paper is mainly divided into the following chapters:The first chapter introduces the present situation of the treatment mode of unit crime in China and discusses the existing problems of the current mode,moreover,analyzes the negative influence of these problems caused in the judicial practice.The second chapter focuses on observing the specific content of Pretrial Agreement System of America corporate crime,analyzing the causes of the rise of Pretrial Agreement System,studying the constitutional problem existed in Pretrial Agreement System thoroughly,furthermore summarizing the useful experience which has contributed to constituting the Conditional Non-Prosecution System of the unit crime in China by reflecting these problems in the last part.The third chapter is devoted in analyzing the theoretical basis of Conditional Non-Prosecution System of unit crime in China and the concept and main features of it are described.Besides,the specific contents of“conditions" and significance of it are interpreted.This chapter also discusses the necessity and feasibility of constructing Conditional Non-Prosecution System of unit crime comprehensively,and puts forward the principle of system construction.The fourth chapter which is based on the previous three chapters puts forward ideas on constituting the Conditional Non-Prosecution System of unit crime.According to Pretrial Agreement System of America corporate crime and on the basis of pilot experience of Conditional Non-Prosecution System,Conditional Non-Prosecution System of unit crime should include the applicable objects and scopes,applicable conditions,decision procedures,the inspection mechanism,supervision and relief mechanisms and some other relevant measures which ensure the smooth operation of it.