论未成人附条件不起诉制度-法律学专业论文.docxVIP

PAGE PAGE IV On Conditional Non-Prosecution System for Juveniles Abstract On Conditional Non-Prosecution System for Juveniles Abstract The conditional non-prosecution system for juveniles is established by the new Criminal Procedure Law in China, and it shares similarities and differences in the conditional non-prosecution and deferred prosecution system with civil law system and Anglo-American law system. It is a constituent part of the special judicial system for juveniles in China, reflecting the special protection for a special group. And meanwhile, it is also a significant supplement of the non-prosecution system, realizing the buffering between prosecution and non-prosecution system. It is the integration of the principle of legality and the doctrine of prosecuting discretion in China, as well as a significant measure for reflecting the non-penalization. On the other hand, the establishment of the system is the affirmation and conclusion of juridical practice in China over the past few years, as well as the innovation and breakthrough of the current reform of the judicial system in China. With the establishment of conditional non-prosecution system for juveniles, judicial practice is confronted by the problem how to give full play to its effect by combining with the application condition of this system. In this paper, the conditional non-prosecution system for juveniles would be illustrated by taking the application condition as the entry point. This paper is divided into five parts. In the first part, the definition of the conditional non-prosecution system for juveniles was illustrated, and as the specific manifestation pattern of the conditional non-prosecution system, the conditional non-prosecution for juveniles plays an irreplaceable role in the non-prosecution system. Meanwhile, comparison of the conditional non-prosecution system between some representative countries was also carried out by the author. In the second part, theoretical basis of the co