Research On The System Of Conditional Non Prosecution In China

In order to implement the criminal justice policy of leniency and severity,the 2012 Criminal Procedure Law of the People’s Republic of China established a conditional non-prosecution system.In the context of the post system reform,the contradiction between the surge in the number of cases and the shortage of case workers has been highlighted,and the reform of the trial-centered litigation system requires the improvement of the complicated and simple system,which is an important embodiment of the application and improvement of the conditional non-prosecution system.The judicial policy,improve the conditional non-prosecution system,so that the conditional non-prosecution system towards the benign direction of maturity has theoretical and practical significance.However,there are many problems in the judicial practice of the conditional non-prosecution system,how to improve the conditional non-prosecution system and better application of the conditional non-prosecution system has become an urgent task.This paper adopts the normative research method and comparative analysis method,by collecting relevant literature and empirical cases of the conditional non-prosecution system,clarifying the concept of the conditional non-prosecution system and combining the legislative review and judicial practice of the system,by comparing the legislation and judicial practice characteristics with those of foreign countries,it is found that the scope of application is narrow,the additional conditions are not targeted,the rate of application of conditional non-prosecution is low,the investigation and education The problems of narrow scope of application,lack of specificity of additional conditions,low rate of application of conditional non-prosecution,imperfect mechanism of investigation and correction,lack of social investigation and lack of supervision mechanism are found.In addition,the above-mentioned problems suggest the feasibility of improving China’s conditional non-prosecution system: expanding the scope of application of the conditional non-prosecution system by establishing a system of conditional non-prosecution for enterprises,increasing the number of targets for conditional non-prosecution,and expanding the range of crimes and sentences applicable to cases;improving the application procedures by simplifying the decision process,improving social investigation,improving the supervision mechanism,and protecting the rights of victims;improving the application procedures by This paper has been published in the form of a series of articles on the application of the conditional non-prosecution system.To a certain extent,this paper enriches the existing research on the understanding of the conditional non-prosecution system and provides a new research perspective for improving the conditional non-prosecution system.The system of conditional non-prosecution is not only consistent with China’s criminal justice policy of leniency and prudence in arrest and detention,but also fits the need for trial-centered litigation system reform,which is in line with the purpose of special prevention and reflects the concept of restorative justice,and is in line with the general policy of education,probation and rescue of minors in China.The value of the conditional non-prosecution system is not only reflected in the protection of minors,but also to improve the conditional non-prosecution system is also the urgent need for the development of compliance reform pilot involving enterprises.This paper can provide some guidance for the judicial practice of the conditional non-prosecution system.The purpose of this paper is to explore in depth the problems of the conditional non-prosecution system,and from a clearer perspective and ways and means to provide effective reference and reference for the implementation of the conditional non-prosecution system in China.