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A Study On The Situation Of Chinese Criminal Non-Prosecution System

Posted on:2011-03-25Degree:MasterType:Thesis
Country:ChinaCandidate:L YuFull Text:PDF
GTID:2166330332466261Subject:Law
Abstract/Summary:PDF Full Text Request
The non-prosecution system doesn't only relate to the legal value of the criminal procedure, but also to define the characters and extension of the prosecutorial power, which also relates to how to supervise this power. The reform of the non-prosecution system is one of the focal points of Chinese legal reform. In this article, it comes to the legal theory, the legislation and the practical situation of the non-pro system, then we will analyze the legal value and implication of the system. It will also introduce the operational situation of the system in other countries, which provides us with some reliable reference.In the first chapter, it comes to the concept, classification, theoretical basis of Non-Prosecution and briefly described the legal value, in order to demonstrate the existence of the system has a profound significance for the rule of law from the theoretical point of view.In the second chapter, it focuses on the status of our system, from the legislative, practical and academic analysis of the defects found in the system. By analyzing the system to run in the very city, it is reflected to that Chinese non-prosecution system has many problems. In the third chapter, it suggests that the non-prosecution system be consummate in the ways of expanding the scope of non-prosecuting circumstances, founding the conditional non-prosecution system and improving the system of people supervisor and the mediation in criminal procedure.
Keywords/Search Tags:non-prosecution, discretion, conditional non-prosecution, public interest, people supervisor
PDF Full Text Request
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