On The Scope Of Application Of The Conditional Non-Prosecution Syste

As an important part of the current juvenile judicial system in China,conditional non-prosecution system is conducive to optimizing the allocation of judicial resources,preventing and saving juvenile delinquency.However,the conditional non-prosecution system has exposed a series of issues in the scope of application in China’s long-term judicial practice,which hinders the system from better serving the rule of law society.Based on the analysis of the legislative intention and development process of the conditional non-prosecution system in China,as well as the rationality of its application scope,this paper takes the main problems of the existing application scope,such as the narrow scope of the applicable subject,the single type of applicable case,the strict requirements for the applicable penalty,and the vague application of additional conditions,as the starting point.Through comparative analysis of the German suspension of prosecution system,the Japanese suspension of prosecution system,and the American suspension of prosecution system The conditional warning system in the UK summarizes the judicial implications of the applicable scope of the system that China can learn from.Starting from four aspects: expanding the scope of subject application,expanding the types of case application,expanding the scope of penalty application,and refining the additional application conditions,specific suggestions are proposed to improve the application scope of China’s conditional non-prosecution system,in order to better construct a conditional non prosecution system that is in line with China’s national conditions.