| The conditional non-prosecution system has been established in China for seven years,which is set up for special prevention purposes and using judicial resources effectively.The system is based on the principles of education,probation,and rescue of minors.By giving minors who have violated the law an opportunity to rehabilitate themselves,they can avoid irreparable impact on their future lives due to the labeling of crime.Through investigation and assistance,most minors who are not prosecuted conditionally are able to repair damaged social relations actively and proactively and reintegrate into normal social life.While the conditional non-prosecution system continues to highlight its advantages,its application in practice is not optimistic.The local procuratorate has a lot of confusion when it applies,and it has not reached the standard of daring and good use.By analyzing the current status of the conditional non-prosecution system from the two levels of norms and practice,it further summarizes the current status of operation.It is understood that due to the over-framing of the existing legal documents and the lack of a mature supporting system,conditional non-prosecution has various levels of problems before,during and after application.The pre-application problems are mainly manifested in a narrow scope of application,and the procuratorate has a different understanding of the system,which is prone to problems of choice and application.There are alsomany problems between different regions,such as the disparity in the application rate.The problems in application are manifested in the lack of pertinence of the attached conditions and the inability to really exert the system.At the same time,there are few regulations on the content of investigation and teaching assistance,and the lack of a sound social support system.The system operation has not achieved significant results.The choice of additional conditions,the determination of the subject,method and content of the investigation have become a problem that puzzles the prosecutors.Even if the case meets the applicable conditions,it will be prosecuted and judged by the court.The problem after application is mainly manifested in that the rights and interests of the victims cannot be effectively relieved and guaranteed.All these have led to China’s conditional non-prosecution system being marginalized for a long time in the entire criminal litigation system.There is a huge gap between the due orientation of the law and the actual state in judicial practice.The countries and regions outside the region have researched and explored the relevant system of conditional non-prosecution before our country.The institutional mechanism is relatively mature and has certain reference significance.Examining overseas experience,and combining China’s national conditions and practice status,the main ways to improve the conditional non-prosecution system in China are:Appropriately broaden the scope of application,including the scope of subjects,charges and penalties;Define the nature of additional conditions and enhance the pertinence of additionalconditions;Enrich the content of inspection and teaching,and play the role of supervision and inspection;By strengthening judicial remedies,adhering to the principle of two-way protection,and promoting the protection of the rights and interests of victims.The above suggestions are cut from the two aspects of operability and purposefulness,and based on practice,it is expected to help make up for the shortcomings of China’s conditional non-prosecution system and give play to its unique advantages. |
