After years of judicial practice, the legal functions of the conditional non-prosecution system, such as educational salvation, social integration and prevention of recidivism, have been fully tested. Supervision and inspection, as the core link of conditional non-prosecution, is the key to the multi-function of the system. At present, supervision and inspection are faced with problems such as the principle of legal norms, the homogenization of forms, and the increasingly prominent conflict between quality and quantity, which is likely to affect or even restrict the multi-functional play of conditional non-prosecution.
The key to promote the development of conditional non-prosecution system lies in the effective development of supervision and inspection. In judicial practice, we should constantly expand the substantive path of supervision and inspection from the aspects of improving the accuracy of supervision and inspection plan, promoting and perfecting the social support system of assistance and education, and strengthening the connection between assistance and education and family education guidance.
The supervision and inspection plan is the basis of helping and teaching, and its core basis is the actual needs of helping and teaching. In juvenile criminal cases, the procuratorial organs should understand the personality characteristics, psychological status, criminal reasons, growth experience, peer relationship, family education and other conditions of minors involved in the crime through social investigation and evaluation, and grasp the actual needs of individuals for assistance and education, and provide basic reference for formulating targeted supervision and inspection plans through comprehensive and systematic social investigation.
However, it should be noted that the supervision and inspection scheme is not static, and it should be dynamically adjusted according to the changes of individual needs for assistance and education, which is the key to the substantial development of supervision and inspection. As the leader of supervision and inspection, procuratorial organs should focus on the behavior of minors involved in crimes, unite with all subjects to carry out assistance and education work, continuously and dynamically evaluate the effect of assistance and education, adjust the supervision and inspection plan in time, and ensure that the supervision and inspection work always meets the actual needs of assisting and educating minors.
Social support system is an important cornerstone of juvenile justice framework. It is an important task for procuratorial organs to deepen the construction of procuratorial work for minors to actively introduce social forces and promote the construction of social support system for juvenile assistance education according to local conditions. Procuratorial organs should pay more attention to the overall prevention requirements in judicial practice and improve the diversified and professional social support system for minors with the help of different social resources. Play a leading liaison role in areas where professional social work resources and social welfare organizations are relatively concentrated, integrate superior resources, and promote the construction of professional assistance and education platforms.
In areas where professional strength is relatively scarce, procuratorial organs should actively train professional judicial social workers, fully mobilize the enthusiasm of schools, communities, neighborhood committees, women's federations and other subjects in the work of juvenile protection and crime prevention, and enhance the professionalism of assistance and education through special training and practical operation.
Lack of family education or improper methods is the main inducement of juvenile delinquency. At the same time, family is also an extremely important supporting factor to prevent juvenile delinquency and provide important emotional support for minors. Procuratorial organs should play the role of family education in helping minors involved in crimes and preventing recidivism, strengthen the connection between family education and guidance, and jointly promote the return of minors involved in crimes to society.
In practice, when procuratorial organs cooperate with judicial social workers and psychological counselors to help and educate minors, they should also urge guardians to perform their guardianship duties and require them to receive family education guidance when necessary. In the follow-up effect evaluation, we can explore the establishment of a two-way evaluation mechanism of family education guidance and assistance. On the one hand, the effect of family education guidance is regarded as a reference factor to predict the risk of juvenile recidivism and evaluate the effect of returning to society. On the other hand, according to the effect of family education guidance for minors during the conditional non-prosecution test period, the necessity of continuing family education guidance is comprehensively judged.
The arrival of the new situation of comprehensive protection of minors and crime prevention not only promotes the renewal and development of the concept, function and method of conditional non-prosecution supervision and inspection, but also puts forward new and higher requirements for supervision and inspection. As the leader of supervision and inspection, procuratorial organs should fully understand the dual value of supervision and inspection on the protection and education of minors involved in crimes, continue to strengthen supervision consciousness and main responsibility, unite all forces to form a joint force of helping and educating, refine the way and content of judicial application, optimize the allocation of personnel and resources, promote and improve the social support system, and ensure that supervision and inspection can effectively play its legal function of helping minors involved in crimes return to society.