Research on the necessity of establishing the conditional non-prosecution system
At present, although there is no legislative basis for the establishment of the conditional non-prosecution system in our country, its spiritual essence It is to stabilize society and resolve conflicts, both in terms of the purpose of criminal law to protect legal interests and the legislative intention of allocating resources and improving efficiency
First, the establishment of a conditional non-prosecution system is the key to the current situation. An inevitable requirement for building a harmonious socialist society. Specifically:
First, establishing a conditional non-prosecution system is an inevitable requirement for building a harmonious socialist society under the current situation. The essence of the conditional non-prosecution system is not to use legal means to punish criminal suspects, but from the perspective of the entire society, through the test of criminal suspects, to coordinate their relationship with social subjects such as victims, and to use certain conditions as constraints , spurring them to get on the right track, and only the criminal suspects
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Secondly, the establishment of the conditional non-prosecution system is a necessary guarantee to safeguard the legitimate rights and interests of victims and encourage criminal suspects to reform. In the conditional non-prosecution system, generally the criminal suspect’s crime circumstances and harmful consequences are not very serious, and the victim’s personal and property losses are not very large. When the crime has occurred, the legitimate interests of the victim are When damage has been caused, how to minimize the loss and how to recover the loss is the most important. The function of the conditional non-prosecution system is to make up for the damaged legitimate interests and use this as a condition to urge the criminal suspect to make corresponding actions. Compensation and corresponding obligations will be conducive to the restoration of the legal rights of the victim, and at the same time, it will give the criminal suspect an opportunity to reform, which will help him reflect on his behavior, realize the illegality and harmfulness of his behavior, and accept supervision, Influence and education to get back on track.
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