Study On Conditional Non-prosecution System

China’s conditional non-prosecution system has gone through a long process from the exploration stage,the application promotion stage,to the final establishment at the end of2012.Its establishment not only reflects China’s criminal policy of leniency and strictness,highlights the concept of restorative justice,but also saves judicial resources and improves judicial efficiency to a large extent.The establishment of the conditional non-prosecution system has a landmark significance in China’s criminal justice,and it has also opened a new chapter in China’s juvenile criminal justice.Each new system will have some deficiencies and problems in judicial practice,as is the conditional non-prosecution system.It has been implemented since 2013.After more than seven years of judicial practice,the conditional non-prosecution system has exposed some deficiencies at both the legislative level and the judicial operation level.In legislation,there are narrow scopes of application,unspecific conditions,and inspection The problem of inadequate aid mechanism;in the judicial operation,there are problems of inadequate supervision and restriction system,insufficient investigation and evaluation before application,and low utilization rate.This paper studies the conditional non-prosecution system in Germany,the prosecution system in Japan,the prosecution system in Taiwan in China,the prosecution system in the United States,and the conditional warning system in the United Kingdom.Through the elaboration and analysis of the legislative background,applicable conditions and characteristics of these extraterritorial systems,and comparative analysis with China’s conditional non-prosecution system.At the same time,the author analyzes the data of the cases handled by the Prosecutor’s Office of District A of B City from 2017 to 2019,and summarizes the characteristics and problems.On this basis,after drawing on the successful experience outside the region,we put forward ideas for the improvement of China’s conditional non-prosecution system: at the legislative level,relax the scope of application,clarify the specific attached conditions,and improve the mechanism of investigation andeducation;at the level of judicial operation It is necessary to improve the supervision and control system and scientific investigation and evaluation system,and increase the utilization rate so that it can exert its due judicial effect.The conditional non-prosecution system is a reflection of humanitarian sentiment and a good medicine for building a harmonious society.The essential purpose of punishment is to prevent recidivism and to serve as a warning and education to people through punishment,so that people will not repeat the same mistakes.The research and exploration and continuous improvement of the conditional non-prosecution system are conducive to its scientific application,exert its judicial role,and advance the process of rule of law in China.