Study On The Expanded Application Of Conditional Non-Prosecution In The Context Of Guilty Plea

As an integral component of China’s criminal justice system,the leniency system of guilty pleas and acceptance of punishment aims to optimize the rational allocation of judicial resources and implement a criminal policy that strikes a balance between severity and leniency.Simultaneously,the conditional non-prosecution system holds value in its targeted focus on education,rehabilitation,and pre-trial diversion for minors,contributing to the effective allocation of judicial resources.However,the inclusion of certain infractions as criminal offenses due to the expanding legal framework has led to a situation where judicial authorities are confronted with a scarcity of human resources amidst an increasing caseload.To address this issue,streamline judicial processes,enhance judicial efficiency,promote pre-trial diversion in criminal cases,alleviate case backlogs,ensure judicial fairness and efficiency,enrich the existing non-prosecution system,and refine the legal system in China,it is advocated that the leniency system of guilty pleas and acceptance of punishment should be complemented by the application of the conditional non-prosecution system.To deepen the understanding of the credibility and necessity of expanding the application of the conditional non-prosecution system within the context of the leniency system,a normative analysis approach is employed.Drawing upon the literature of other scholars,the supporting factors for the expansion of the conditional non-prosecution system are summarized,taking into account its alignment with the context of guilty pleas and acceptance of punishment.Additionally,a comparative analysis approach is adopted to explore similar systems in foreign and Taiwanese jurisdictions,providing a novel perspective for advancing the implementation of the conditional non-prosecution system in the context of the leniency system in China.Furthermore,a value analysis is conducted to substantiate the significance of expanding the application of the conditional non-prosecution system within the leniency framework.This analysis elucidates the practical and theoretical value of combining these two systems,establishing a foundation for subsequent arguments.From both theoretical and practical standpoints,expanding the application of the conditional non-prosecution system based on the leniency framework is deemed to be urgently necessary.Furthermore,with the progress of the economic and social landscape,the scope of its applicability should be extended accordingly.The author asserts that enterprises,as economic entities,should also be encompassed within this framework,not only to promote compliance with legal obligations but also to ensure the smooth operation of the national economy.To conclude,bolstered by these strategies,the further advancement of the conditional non-prosecution system within the leniency framework will alleviate the caseload burden on judicial personnel,refine pre-trial diversion mechanisms,and improve overall litigation efficiency.