The Application And Improvement Of Nolle Prosequi

System of nolle prosequi is a system which used in those cases of slight destructiveness and criminals do not need to be prosecuted according to the law. It is a very important part of the discretionary power of the procurator organs. At present, there is an oversight about this system in Chinese law system; it's too vague that leads to inconformity in different areas. This vagueness produces a serious result that in the links of the prosecution chin, the system is limited to a very small space to implement, and that's a kind of waste of judicial resources. In this article, we want to discuss this issue from the practical aspects of the existing system of nolle prosequi, and hope to find a way of resolving this problem. This article consists of four parts, with about thirty thousand words.The first part:the origin of the system of nolle prosequi. In this part we mainly talks about the representation of nolle prosequi in ancient and modern society of china.The second part:The significance and actuality in the application of system of nolle prosequi. We analyzed the reason of low application of the system of nolle prosequi through the comparison of the application of relatively non-prosecution between china, Japan, Germany and other countries. We also probe into the significance of the application of the system relative nolle prosequi.1 it reflects the tendency of the Criminal Procedure.2 harmonies with the policy of our temper justice with mercy in the criminal law.3 enhance the efficiency, saving resources and litigation costs of litigation; 4 in favor of protecting the legitimate rights and interests of the parties in the action.5 help to save, probation suspects, and enhance effectiveness in handling casesPartâ…¢:The problems of the judicial practice in the application of the system of nolle prosequi. The system itself contains some defects, as it does not meet the development of the Criminal Procedure Law and the modern concept of law. We found some problems in the cases of using the system of relative non-prosecution.1, In China Criminal law, the articles for relatively minor crimes, crimes do not to be punished and need to remove the penalties and the relationship between the two provisions are too general, in judicial practice, there are conflicts in how to apply; 2 system of relative in practice scope is too narrow; 3, in the screening process is too much complicated; 4, the approval and supervision of the application of system of non-prosecution are imperfect; 5, protections of the rights of victims are not perfect.Part IV:Improving the proposals and feasibilities about the system of nolle prosequi in practice. Through the analysis of the figures of court system in our country acquitted and sentenced to be exempted from criminal punishment, criminal detention, control, or additional punishment such as single-office figures, we can have a conclusion that there are still have some room for expansion of the application of system of non-prosecution in judicial practice.Legislation and case practice should be relatively clear in the scope of prosecution and applicable standards, while improving the approval and supervision of the system of nolle prosequi. We also proposed to strengthen the lawyer's involvement and try to establish some typical cases of nolle prosequi mechanism for appeal, reconciliation mechanisms and through the improvement of the criminal prosecution system is not attached conditions to further protect the system of relative implementation.