Consideration Of The Defection And Complement Of Our Discretion Not To Prosecute

Discretion not to prosecute is a very important part of our prosecution system, which plays a very useful role in legal practice. However, as the limitations of the system appears, how to make the reform legislative becomes a problem.There are seven parts in this paper. The first part is to introduce the definition, background and characteristics of Discretion not to prosecute. The second part is to discourse the core of the system—criminal freedom of judgement. The third part is to introduce the theory which impacts the practice of the freedom of judgement of the system and the system status. The fourth part is to introduce the defection of the system and the reform situation. The fifth part is to discuss whether our country should expand the freedom of judgement of the system from three aspects. The sixth part is to search the proper way to practice the system in our country. The last part is to probe how to improve our discretion not to prosecute system from three fields of systems, procedures, remedies by learning from foreign advanced system of rule of law.