An Empirical Study On The System Of Conditional Non-Prosecution Of Minors

For minors involved in crimes,China has always adhered to the principle of "education first,punishment second".The Criminal Procedure Law of 2012 stipulates the conditional non prosecution system for minors in Chapter V of the Criminal Procedure Law.The establishment of this system has a far-reaching impact on education,probation,saving minors,improving litigation efficiency,and terminating judicial resources.As of 2022,the application of this system has been more than ten years.The preliminary implementation effect of the system,the existing problems,and how to improve the operation in judicial practice and improve the legal system need to be studied urgently.Through the investigation and research on the implementation of conditional non prosecution by the People’s Procuratorate of H City in Hubei Province from 2014 to2021,through the analysis and comparison of the actual data obtained from the application of the system from 2014 to 2021,the investigation of the typical cases of the application of the system in H City and the interview with the uninspected staff,the author learned the basic process and relevant data of the application of the procedure by the procuratorate of H City,and summarized the shortcomings of the system in the application,By comparing the relevant systems outside the region,this paper puts forward suggestions for reference.Finally,according to the problems in the implementation process of the procuratorial organ in H City,it proposes corresponding solutions,with a view to achieving the effect of promoting the improvement of the system and solving the difficulties in the implementation of the system.The main contents of this paper are as follows:The first part is the introduction,which mainly introduces the system background of the conditional non prosecution system,the significance of this study,research methods and the research situation of this system at home and abroad.The second part introduces the basic situation of the implementation of the conditional non prosecution system by the procuratorial organ in H City,mainly including the implementation of the conditional non prosecution system and the supervision and inspection situation.The implementation overview includes the operating mechanism of the system,the application rate,the crimes committed,the social investigation situation,etc.The supervision and inspection situation includes the setup of the test period,the subject and method of the supervision and inspection,and the attached conditions.The third part introduces the problems in the process of applying the conditional non prosecution system in the procuratorial organ of H City,which mainly includes four aspects: insufficient setup of the uninspected personnel,imperfect supervision and inspection mechanism,unclear application standards of the system,and imperfect supervision mechanism.At the same time,it is analyzed and explained with typical cases.The fourth part introduces the relevant non prosecution systems in Germany,Japan and the United States,including Germany’s non prosecution system,Japan’s hesitation in prosecution system and the United States’ delay in prosecution system.Based on the analysis of their relevant systems,it is proposed that they can be used for reference in the scope of application of conditional non prosecution,social investigation system and supervision mechanism.In the fifth part,based on the problems in the implementation of the conditional non prosecution system of the procuratorial organ in H City,the author proposes solutions to various problems in the implementation of the conditional non prosecution system,which mainly includes four parts: defining the applicable standards of conditional non prosecution,implementing the investigation and education measures,improving the connection between the social investigation system and the conditional non prosecution system,and supervision measures.