修復式正義視野下的附條件不起訴運行效果與完善建議

The Operation Effect and Improvement Suggestion of Conditional Non-Prosecution under the Vision of Restorative Justice

Revisionism view of justice, focusing on the protection of specific legal interests and the restoration of the overall social order, emphasizing the reconciliation of the interests of the injurer, the victim and the community, gradually practiced in the field of minor crimes, and became a feasible way for modern criminal justice. The establishment of conditional non-prosecution system embodies the principle of combining education, persuasion and rescue for the unaccused, and promotes the practice of the theory of reconstructive justice. By setting the conditions for application, the duration of the trial, the contents of the investigation and the participation of the parties to the proceedings, the offender is given the opportunity to make up for the damage caused by the crime through his own actions and the victim’s willingness to seek compensation for his own material and moral losses. To repair the social ties that crime has destroyed. In the course of practice, the system of non-prosecution with conditions works better, but there are still shortcomings. It is necessary to further expand the scope of application, strengthen the supervision and inspection mechanism, and ensure the realization of the victim’s right of complaint.