On the Conditional Non-Prosecution System in the Perspective of Minor Offences'Governance
With the advent of the minor offences'era,achieving effective minor offences'governance has become a major proposition of the times for the modernisation of Chinese-style criminal procedure.The background has activated the conditional non-prosecution system's function in governing minor crimes.The institutional exploration of expanding this approach to adult minor crime cases is not only to address the imbalance between punishment and prevention in the existing minor crime control model,but also driven by the need to maximize the protection of social public interests.This exploration is part of the broader modernization paradigm shift in the national minor crime governance system.Germany's social-relationship-repair-oriented additional conditions and the United States'criminal behaviour-correction-oriented additional conditions both provide experience for the design of the type of conditional non-prosecution system,which should be set up in parallel with repair-oriented conditions as the antecedent elements and correction-oriented conditions as the core elements,so as to highlight the governance advantages of crime correction in the design of the system with universal significance.In terms of the scope of application,the dual regulation of the legislative sentence and the necessity of prevention is implemented;in terms of the mode of investigation,the common governance supervision and inspection method of social forces is introduced;in terms of acceptance and evaluation,the evaluation and hearing procedure with the dual acceptance standard of"completion of conditions+effective prevention"is applied.
minor offences'managementconditional non-prosecutionrestorative conditionscorrective conditionscrime prevention
万方数据
维普
