Study On The Implementation Of The Conditional Non-prosecution System For Minors

Since the establishment of the system of conditional non prosecution of minors,it has achieved remarkable results in the field of judicial practice,which has effectively implemented the policy of "education,persuasion and rescue" of suspect of minors,and helped a large number of minors to self reform and return to society smoothly.However,during the long-term implementation of this system,the shortcomings that exist in various operational stages have gradually emerged,namely,the system has shortcomings that can be further improved in decision-making procedures,revocation procedures,and supervision and inspection procedures.The paper is based on the implementation of the conditional non prosecution system for minors.Through case analysis,it summarizes the common defects reflected in the implementation process of the system,and proposes corresponding improvement suggestions through theoretical analysis.Firstly,starting from the theft case of Lu,the author analyzes the existing shortcomings of the system in the decision-making process,such as the lack of established standards for the determination of penitence,insufficient social investigation,and the need for improvement of additional conditions.Therefore,the author proposes countermeasures to grasp penitence performance,optimize social investigation work,and clarify additional conditions.Secondly,the author draws out the shortcomings of the system in the revocation procedure from the two cases of Tao’s negligence causing serious injury,the theft case and Zhou’s theft case,that is,the negligence crime in the omission crime is not distinguished,the discretion standard of "serious circumstances" is unclear,and the right relief of juvenile suspect is ignored.This can be optimized through three specific ways: eliminating minor negligent crimes in the omission crime,quantifying the discretion standard of "serious circumstances" and strengthening the relief of the rights of minor suspect in the revocation procedure.Finally,the author found the shortcomings of the system in the supervision and inspection process by analyzing the case of Tang and others gathering for a brawl.In order to improve this issue,the author proposed specific suggestions to strengthen the participation of multiple subjects,refine the inspection content,and implement the inspection responsibility in the supervision and inspection process.