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The Study on Non-prosecution System of Conditions

Author: DengWei
Tutor: HuXueJun
School: Nanchang University
Course: Legal
Keywords: minors non-prosecution of additional conditions defects perfect
CLC: D925.2
Type: Master's thesis
Year: 2013
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Abstract


Non-prosecution of additional condition system,it slow,deferred prosecution,stay not to prosecute, etc. America’s related system called delay prosecution or pre-trial investigation of supervision,Germany as attached similar provisions of the conditions not to prosecute,japan called Sue hesitant. It is the world’s most widely used a kind of system. Attach conditions not to prosecute system in some extent subverts "barriers and law applied" of the criminal law tradition,on the surface,may make people produce a kind of indulgence criminal is an illusion,but can’t from essence of conditional system condition analysis,we can know the existence of this system embodies the humanization of penalty,protecting the legitimate rights and interests of the minors,but also saves the judicial cost. Countries although its applicable scope,conditions,objects may vary,but the final value is reflected the judicial fairness and justice,improve judicial efficiency.Therefore,To attach conditions not to prosecute system theory,using the method of history,comparison,analysis,research is of great significance,the author on the basis of investigation about foreign system of conditional not, combined with the concrete practice of our country, improve the system of our country attach conditions not to prosecute, give full play to its value in practice.This article mainly from the following several aspects to attach conditions not to prosecute system are studied, including the following chapters:first chapter, Basic overview,the main concept for minors,minors litigation procedure to follow the basic principles,and the attached conditions not to prosecute the concept, characteristics,value,discusses related systems.The second chapter,Compare both at our country and abroad,focuses on the comparison of foreign related system, in this article, mainly Germany, the United States, Japan and Taiwan as the perspective, to compare them,find out the differences between themThe third chapter,mainly inspects the attached conditions not to prosecute system of our country. Expedition is the basis of article2012of the new "criminal procedural law" revised in2012and the provisions of article two hundred and seventy-two,by means of exploring their applicable conditions, objects and procedures.The fourth chapter,Conditional and not to Sue system perfect,attach conditions not to prosecute system deficiency is mainly manifested in the scope too narrow, prosecutorial discretion is too large, perfect, mainly from the appropriate extended range limit prosecutorial discretion,the introduction of the hearing system and so on.The conclusion,it is an evaluation to attach conditions not to prosecute

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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