The Study of Conditional Non-prosecution System
|School||South China University of Technology|
|Course||Code of Criminal Procedure|
|Keywords||Conditional non-prosecution system Applicable Design of the system Support mechanisms|
In recent years, along with the economic development and improvement of live, moreand more social problems appear. The crime rate is getting higher and higher, specificallyJuvenile Delinquency. On the contrary, Growth of Judicial resources is very slow. So,low-resource of Judicial and high crime rates leads to contradictions.In order to solving this problem, many scholars suggest that increasing conditionalnon-prosecution system in the Code of Criminal Procedure. The local Procuratorate alsocarried out experimental work about conditional non—prosecution system. Conditionalnon-prosecution system legislation when revise code of Criminal Procedure in2012.The article consists of three parts in addition to the introduction and conclusion:The introductory part is not only the introduction of the author to modify the CriminalProcedure Law, but also the source of this writing.The first chapter is the definition of Conditional non-prosecution system, Including withconditions not to prosecute the concept, features, and other related concepts discriminationsand significance. Through comprehensive analysis of conditional non-prosecution system toachieve accurate grasp of the system.The second chapter is not to prosecute the conditional application of the system for thedesign of the system. The status of implementation of the pilot of the system, pointed out thatalthough the system has been established, but the applicable substantive and proceduralelements are not clearly defined, the need for the specific application of system design.The third chapter is supporting mechanism design of Conditional non-prosecutionsystem. By other countries and regions conditional non-prosecution system learn not toprosecute the inspection mechanism of the system, including conditional control mechanism,relief mechanism be supporting the design.Conclusion author concludes the paper based on the wishes conditional non-prosecutionsystem has broad application prospects.