Study Of The Non-Prosecution Polices

Non-prosecution policies are the production of the penalty theory transformed from punishment to teleology, also are the embodiment of the convenience of prosecution. In China, based on the system of exemption from prosecution, which was regulated in the criminal procedure law in 1979, the non-prosecution polices formed by reforming and perfecting according to the judicial practice and theory study for decades years.Non-prosecution, as an independent procedure stage of Chinese criminal proceedings, is of important legal sense, which not only providing effective protection to the parties' lawful rights and interests, but also complying with one of the procedure values-principle of economical procedure. Whether the people's procurator can appropriately master and use non-prosecution policies involve the working quality and efficiency of case handling, and also involve the protection of the procedure parties' legal rights and interests. The present non-prosecution polices have limitations in many aspects yet. Which concretely displaying as following: 1 .legislation faultiness. Some regulations lag legal practice lack of legal supporting, some legal operations even have no relevant legal provisions to some problems existing in practice. For example, applying non-prosecution to blot witness; 2.some legal provisions are illogical. Such as the problem of public prosecution transferring to private prosecution, which making antinomy and confusion in judicial procedure other than protecting the parties; 3.there is gap between the Chinese law and international general regulations. For instance, no attention is paid to the publicinterest during the process of non-prosecution, no special protections are adopted to the minority crime. 4.the system of supervise and remedy need further perfection.To this issue, this paper laid the principle of economical procedure as the ultimate value goal that the non-prosecution polices should follow. In addition, this paper made the criminal policy of non-crimination and Non- Penalization as the basis on which the non-prosecution polices should be reformed and perfected. After comparing and analyzing the provisions concerned from domestic and abroad, Along the way of combination of theory and practice, this article put forward some suggestions and innovative views:Firstly, the conception should be renovated. Non-prosecution dose not mean indulging crimes, but a powerful and efficient way by which the parties' legal rights and interests can be protected well. Endowing procurators with more discretionary power is not the seedbed of abusing of authority, but giving higher requirement to the procurators' comprehensive diathesis and vocation ability.Secondly, legislation should be perfected. Legislation should timely make regulation to the new problems occurred in judicial practice, and give powerful legal support to the legal operations.Thirdly, the supervising and remedying measures of non-prosecution polices should be further perfected, especially to set non-prosecution hearing and cancel the illogicality regulation public prosecution transferring to private prosecution.Lastly, the applying scope of non-prosecution polices should be properly extended. For example, to set reprieve of prosecution, special conditions of non-prosecution for the minority crimes, blot witness discretionary non-prosecution police, etc.