On the Supervision Mechanism of Conditional Non-prosecution System---From the Perspective of the Basic Principles of the Criminal Procedure Law
WU Can
Abstract：Principles of criminal procedure law is the guiding ideology,which exists throughout all criminal proceedings. In conditional non-prosecution supervision system, the principles of the mutual restriction and observing the statutory procedures are all strictly reflected. However, current conditional non-prosecution supervision system exist deficiency, which creates that the appliance of some principles has adequate space in conditional non-prosecution supervision system. Such as in conditional non-prosecution decision procedure, establishing the system of judicial review power of early intervention, to improve the appliance of the mutual restriction principle; establishing withdraw system of conditional non-prosecution decision and to improve the appliance of observing the statutory procedures principle if procedures illegal, while in the conditional non-prosecution relief program, to improve the appliance of principle of prosecutorial power belonging to exclusively prosecution and giving prosecutors the revocation right of illegal conditional non-prosecution decision. Moreover, strict disciplinary system is a major force to curb the abuse of conditional non-prosecution discretion.
Keywords：conditional non-prosecutioncode of criminal procedurethe basic principlesupervise
Publication Date：2015-01-01
Online Publishing Date：2025-08-15(First online date of this platform, not the publication date of the document)
Pages：4( 39-42 )