Reflections On The Application Of The Conditional Nonprosecution System For Minors

China’s juvenile conditional non-prosecution system in the application process there are two major obstacles,one is from the victim’s obstruction,the other is the supervision of juvenile criminal suspects in the concrete implementation of the difficulties.When the Code of Criminal Procedure was amended in 2012,the procedure for the conditional nonprosecution of minors was formally added to the special procedures.The purpose of establishing the conditional non-prosecution system for minors through legislation in our country is to give minors involved in specific criminal crimes the opportunity to be exempted from criminal punishment under the guidance of the concept of restorative justice,so that they can better return to society.The core of the application of this system is how to reasonably resolve the social and public interests represented by the prosecutor,the interests of the victims and the conflicts of interest of juvenile suspects,so that the interests of the three parties can be balanced.The key is how to persuade victims to accept that juvenile suspects who infringe upon their legitimate rights and interests are not held criminally responsible,and how to make juvenile suspects truly aware of their mistakes subjectively and actively cooperate with prosecutors to achieve self-reform.The victim agrees not to pursue criminal responsibility for minors who infringe upon his or her legitimate rights and interests and not to prosecute,not to inform the victim’s prosecutor of the decision in a simple form,and then to accept it,but to make the victim psychologically accept the decision and thus accept the decision.The theory of subjective procedural justice pays attention to the participants in judicial procedure and the observers of procedure on the psychological level of procedural justice,fairness,and the recognition of judicial procedure in moral and emotional level.Subjective procedural justice theory focuses on the parties’ feelings of dignity in the proceedings in judicial proceedings,the perception and trust of judicial staff to be strictly neutral,and the opportunity for procedural participants to express themselves in the proceedings.These factors affect the acceptance of the results made by the participants in the judicial process,the evaluation of the justice of the judicial process,and thus the evaluation of the credibility of the judicial process.Through the application of subjective procedural justice theory,prosecutors in judicial practice should pay more attention to the psychological feelings of victims and juvenile criminal suspects when handling juvenile crime cases,persuade victims to agree to the application of conditional non-prosecution procedures at the moral and emotional level,persuade juvenile criminal suspects to actively cooperate with the procuratorial organs in carrying out supervision,and actively receive correctional education during the period of supervision and inspection.When other subjects participate in the supervision and inspection of minors involved in crimes by auxiliary procuratorial organs,the passive participation status of them is changed,so that they can participate in the supervision and inspection of minors involved in crimes,obtain satisfaction in participation,establish a sense of responsibility,so as to better play the role of social resources in supervising and inspecting minors involved in crimes.