Research on the Conditional Non Prosecution System in the Era of Minor Crime Governance

Taking Drunk Driving Cases as an Example

Abstract

In the era of light crime governance, the use of detention and relative non prosecution system as routine means of handling drunk driving cases has certain limitations. Detention, as a punitive measure, sometimes fails to accurately reflect the legislative intent and may result in excessive punishment; Although relatively non prosecution has to some extent reduced the burden on the judiciary, its function is limited and it has not fully solved the deep-seated problems behind drunk driving. The conditional non prosecution system, with its unique emphasis on both "punishment" and "relief", provides new ideas for the handling of drunk driving cases. This system not only demonstrates the dignity and fairness of the law, but also provides an opportunity for the perpetrator to reform and reintegrate into society. To construct a conditional non prosecution mechanism for drunk driving cases, it is necessary to design a scientific and reasonable conditional non prosecution procedure based on the specific circumstances of the drunk driving case and the individual characteristics of the perpetrator. At the same time, to ensure the fairness and transparency of the mechanism, it is necessary to improve the social supervision mechanism and involve all sectors of society to jointly supervise the implementation of conditional non prosecution.