Preliminary exploration stage. That is, in the exploration stage of procuratorial organ reform before the central government, conditional non-prosecution was regarded as a formal reform project. During this period, from 1992 to 2008, it was mainly to suspend the prosecution of juvenile suspects and set a certain trial period. For example, 1992, the People's Procuratorate of Changning District, Shanghai suspended the prosecution of a 16-year-old juvenile suspect suspected of theft; In 2000, the People's Procuratorate of Jiang 'an District, Wuhan City, Hubei Province suspended the prosecution of a juvenile suspect; 200 1, the People's Procuratorate of Chang 'an District, Shijiazhuang City, Hebei Province set a certain review period for minor crimes, and no public prosecution will be initiated after the expiration; In March 2002, the People's Procuratorate of Canglang District, Suzhou decided to suspend the prosecution of a minor student suspected of theft for half a year. On June 5438+ 10, 2003, the People's Procuratorate of Pukou District, Nanjing decided to suspend the prosecution of a college student suspected of theft, and determined the "implementation plan of helping and educating" and the investigation period of five months; On May 2 1 2004, Beijing Haidian District Procuratorate, District Public Security Bureau, District Women's Federation and District Youth League Committee jointly signed an agreement to implement the deferred prosecution system, marking the first time that Beijing has implemented the deferred prosecution system for criminal minors. On May 30, 2005, the Procuratorate of Yushe County, Shanxi Province made a decision not to prosecute the robbery of two 16-year-old teenagers and set a one-year trial period. The Public Security Bureau, the Procuratorate, the school and parents signed an agreement to assist in the investigation, which was later called "the first deferred case in China" by the media. On August 8, 2007, the Procuratorate of Shuangtaizi District, Panjin City, Liaoning Province decided to suspend the prosecution of a senior two student suspected of extortion. During the probation period, the student was admitted to a university in Shenyang with excellent college entrance examination results. On June 65438+1October 65438+June 2008, Shuangtaizi District Procuratorate invited representatives from all walks of life, such as the District Political and Legal Committee, deputies to the District People's Congress, people's supervisors, school teachers, etc., in June of the same year165438+ 10/KLOC-.
Development and promotion stage. That is, after the central government regards conditional non-prosecution as a formal reform project, local procuratorial organs carry out reform exploration. At this stage, from 2009 to now, the scope of application of cases has also expanded from minor crimes to minor crimes of special groups such as minors, the elderly and college students. The procuratorial organ no longer makes a decision not to prosecute the criminal suspect, but makes a conditional decision not to prosecute and sets a certain test period. The characteristic of this stage is that on the basis of the exploration of individual local procuratorates in the previous stage, local procuratorates have formulated corresponding regulations and carried out large-scale exploration and pilot work. For example, Shandong, Henan, Sichuan, Jiangsu, Zhejiang, Hunan, Jilin, Liaoning, Shanghai, Chongqing and other provinces and cities are all exploring conditional non-prosecution reform. According to incomplete statistics, there are more than 1/3 provinces and cities in China that are carrying out pilot reforms of conditional non-prosecution. For example, on July 1 2065438, the People's Procuratorate of Henan Province passed the Provisions of the People's Procuratorate of Henan Province on the Application of Conditional Non-prosecution (Trial), requiring procuratorates at all levels in the province to carry out pilot projects according to this provision from August 1 2065438.
Judging from the pilot reforms in various places, conditional non-prosecution has achieved good results in resolving social contradictions and saving judicial resources, which has been widely recognized and supported by all sectors of society and has become an important part of China's judicial reform and legal revision. However, the theoretical and practical circles have not reached a consensus on how to stipulate the conditional non-prosecution system in legislation. In the process of reform and exploration, local procuratorates have made useful explorations on relevant issues involved in conditional non-prosecution. For example, the Procuratorate of Changsha City, Hunan Province explores the public hearing procedure before making a conditional non-prosecution decision; Xinyang City Procuratorate of Henan Province explored the scope and conditions of conditional non-prosecution. After the conditional non-prosecution was made, Pingyin County Procuratorate of Shandong Province introduced people's supervisors to supervise it. After the decision of conditional non-prosecution, Guang 'an City Procuratorate of Sichuan established a base to help educate the personnel who have conditional non-prosecution. In order to effectively inspect and supervise the conditional non-prosecution personnel, Pukou District, Nanjing established the "College Students Crime Prevention Center" to help and educate them. Many reform schemes put forward or designed by these reform explorations have important reference value for the reasonable construction of conditional non-prosecution system in China.
In order to adapt to the new changes in the domestic crime situation and the development trend of non-criminalization, non-penalization and non-imprisonment of juvenile delinquency in the international community, China has established a judicial policy of combining leniency with severity, and under the guidance of this judicial policy, it is carrying out judicial system and mechanism reform, aiming at establishing and perfecting relevant litigation systems and solving outstanding problems such as judicial injustice and insufficient protection of human rights in judicial practice. In the judicial reform, according to the opinions of the central judicial reform, local procuratorial organs are exploring conditional non-prosecution, which has achieved good results. 20 1 1 In August, Chairman the National People's Congress Standing Committee (NPCSC) proposed the "Draft Amendment to the Criminal Procedure Law of People's Republic of China (PRC)", which drew up the scheme of conditional non-prosecution system in China, and solicited opinions from all walks of life. 20 12 03 14 the fifth session of the 11th national people's congress (the second amendment to the decision on amending the criminal procedure law of People's Republic of China (PRC)) formally wrote the conditional non-prosecution system into law.