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Song Yinghui said: "In the prosecution phase, the prosecution and the prosecution not to prosecute through the exercise of power, which could be in the implementation of criminal policy, criminal justice functions to play a greater role to play, but for various reasons, the prosecution not to prosecute in the exercise of discretion in by many constraints. had discretion not to prosecute cases of diversion, the criminal policy of combining punishment with leniency implement a very good measure, in judicial practice has not been to good use. "
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It is understood that the draft amendments to the Criminal Procedure Law while the introduction of conditional non-prosecution system, the other in turn limit the scope of its application, "may be sentenced to one year in prison the following sentence" juvenile delinquency cases. Experts believe that this clearly does not reflect our current juvenile criminal justice system reform, the basic trend. In fact, in our judicial practice, for juvenile delinquency cases, local prosecutors not to prosecute in the mastery of standards, are often drawn in the line "may be sentenced to three years in prison."

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This is because, in our criminal law, "three years in prison" is a misdemeanor of the standard, but also can limit the application of probation. Therefore, some experts believe that the legislature should respect the current judicial practice, practice, moderate expansion of the prosecution's discretion not to prosecute.