Research On The Application Of The Supervision And Inspection System For Conditional Non Prosecution Of Minors

In 2012,a special chapter of our Criminal Procedure Law set up the system of "conditional non-prosecution",which is of great significance for the correction of behaviors involving minors and their early return to society.At the same time,the system also realized the early flow of some juvenile criminal cases to a certain extent,which is conducive to the better realization of cracking down on crime and protecting human rights.As one of the important links of the conditional non-prosecution system,supervision and investigation play a key role in the education and reform of minors involved in crimes.Articles 282 to 284 of the Criminal Procedure Law amended in2018 clearly define the status of supervision and inspection as well as the subject,time and content of the investigation.After strict examination and verification of the true situation of the case,the procurator,taking into account the physical and mental characteristics of the minor,the circumstances of the case and the purpose of crime prevention,makes conditional non-prosecution and investigation of the minor criminal suspects who meet the conditions.After the minor involved has completed the additional obligations and conditions in accordance with the set time,The procuratorial organ makes a comprehensive assessment of the juvenile’s performance during the investigation period and decides whether to prosecute him or her.Therefore,the core value of conditional non-prosecution system is to set up supervision and investigation contents for juveniles involved in crime through supervision and investigation work and strictly require them to perform them seriously,so that juveniles involved in crime truly realize the harm of their own behavior from the heart and fundamentally correct it,so as to avoid them from going astray and committing crimes again,and to lay a solid foundation for their return to society in the future.In view of the important role of supervision and investigation in realizing the function of conditional non-prosecution system,how to give full play to the maximum effect of supervision and investigation in conditional non-prosecution system and build a set of relevant mechanisms more in line with judicial practice has become a topic worth studying.Compared to relevant systems of foreign countries with advanced experience,our country’s practice of conditional non-prosecution is relatively late.Although our country has made some regulations on supervision and investigation in legislation,there are still some deficiencies to be improved in judicial practice.This paper mainly uses the method of literature study,comparative study and empirical study to study the existing problems in the operation of supervision and investigation,analyzes the experiences overseas to gain enlightenment,and puts forward countermeasures and suggestions to perfect our supervision and investigation system.The thesis consists of five parts:The first part,introduction,mainly describes the background of the topic,research value,research status at home and abroad,research methods and innovation.Focusing on the domestic and foreign research results on the supervision and investigation of minors with conditional non-prosecution to lay a foundation for the study of this topic.The second part expounds the development course,the theoretical basis and the value analysis of the system establishment of the supervision and investigation of minors with conditional non-prosecution.The third part expounds the problems in the application and practice of the system of supervision and investigation of minors with conditional non-prosecution.This paper analyzes the existing problems in judicial practice from four aspects:punishment and participants of supervision and investigation,measures and contents of supervision and investigation,remote supervision and investigation,and supervision,investigation and evaluation system.The fourth part analyzes the supervision and investigation system of non-prosecution with conditions for foreign minors and summarizes the beneficial experience and enlightenment to our country.The fifth part,based on the analysis of the problems existing in the current supervision and investigation system practice,combined with foreign useful experiences and enlightenment,and combined with the actual situation of our country,puts forward suggestions to improve countermeasures.