Criminal Prosecution System Research

Criminal non-prosecution system is an important system in criminal prosecution. Since the principle of separation of the prosecution and the judiciary was constructed and modern public prosecution system appears, each main nation constructs non-prosecution system based on lawmaking and non-prosecution play an important roll in practice.This paper consists of seven chapter and researches the concepts about non-prosecution, the history of non-prosecution, the classification and application condition of non-prosecution, the basic theory and the value of non-prosecution, non-prosecution's effectiveness, and the constrain system to non-prosecution. Chapter one mainly talks about and defines the concepts in non-prosecution system, such as non-prosecution, non-prosecution power and non-prosecution system. In this chapter, the author point out that non-prosecution can be defined by broad sense and narrow sense. The non-prosecution in broad sense means that the nation's prosecution department doesn't make real judgment and terminate prosecution, withdraw accusation, terminate all the punishment in prosecution in the cases that don't accord with prosecution condition or shouldn't be accused. The non-prosecution in narrow sense means that the nation's public prosecution department doesn't ask for the court to make any judgment and terminate the punishment in prosecution in the cases that don't accord with prosecution condition or shouldn't be accused. The author proclaims that this paper mainly talk about the non-prosecution in narrow sense. In the second part, the author researches non-prosecution's concept and character. In the third part, the author defines the basic content in non-prosecution system.In chapter two, the author talks about the history of the non-prosecution. After comparing the non-prosecution's history in Continental law system country and Anglo-American law system country, the author points out that the history of non-prosecution system in foreign country is continuous and steady, and researches the reasons. After the non-prosecution in our country comes forth, it develops slowly, develops freakily, then converts normal, and then develops restrictively and is discrete,...