The Present Situation And Countermeasures Of Conditional Non-prosecution In Yanbian Area

China established a conditional non-prosecution system in 2012.The conditional non-prosecution is based on the prosecution cheapness,which reflects the discretion of the procuratorial organ and belongs to a form of non-prosecution.The Yanbian District Procuratorate has applied the conditional non-prosecution system since 2013,and has achieved good legal and social effects.Through the application of the conditional non-prosecution system,criminal suspects are allowed to abide by certain obligations within a certain period of time,so that they can recognize the harmfulness of the crime,and can repent of themselves.The suspect can study and live normally.However,through the analysis of the data,it is found that the Yanbian district procuratorial organs have problems in applying the conditional non-prosecution system,such as lack of application concepts,narrow application charges,and inadequate system application mechanisms.The reasons for this problem are:1.The personnel of the procuratorial organs have insufficient understanding of the importance of the conditional non-prosecution system;2.The conditional non-prosecution application conditions are more stringent and the number of minor criminal cases is small;3.Conditional The supporting measures for not prosecuting are not perfect enough.Therefore,in order to make the application of the conditional non-prosecution system in the Yanbian area more reasonable and effective,it is necessary to change the judicial concept of the personnel of the procuratorate to handle minor criminal cases,expand the scope of application of the conditional non-prosecution charges,and support the conditional non-prosecution system.Three aspects including the construction and improvement of facilities solve existing problems.Based on the study of the basic connotation of conditional non-prosecution,this paper analyzes the current status of the application of the conditional non-prosecution system in Yanbian Procuratorial Organs from 2013 to 2017.Make reasonable suggestions for improvement in a targeted manner.The framework of this paper is as follows:The first part is an overview of the basic connotation of conditional non prosecution system.Through the elaboration of the concept and characteristics of conditional non prosecution and the study of the legal basis of the system,we can accurately grasp the connotation of the system.Moreover,through the in-depth understanding of the legislative provisions and applicable procedures of the system,it can lay a theoretical foundation for the development of the paper.The second part is the current situation of the conditional non prosecution system in Yanbian area.Through the data of conditional non prosecution cases in Yanbian area and case investigation and analysis,this paper explores the characteristics of conditional non prosecution cases in Yanbian area,and provides the basis for further analysis of the existing problems and causes.The third part is the analysis of the problems existing in the application of conditional non prosecution system in Yanbian area.By finding out the reasons for the problems in the application of conditional non prosecution system in Yanbian District,this paper points out a clear direction for the improvement of the system.The fourth part,Yanbian District procuratorial organs apply conditional non prosecution system to improve countermeasures.Based on the above problems and reasons in the use of conditional non prosecution system,this paper puts forward reasonable suggestions for improvement.