On The System Of Discretional Non-prosecution

As China's economic development and the arrival of social transition, conflicts of interest intensified, social conflicts increase, the criminal field the crime increases. National judicial resources are limited, which also can not be unlimited expansion for various reasons, Hence it is necessary to meet the need for the development of the times to adjust the activities of criminal proceedings. Justice system began to focus on prosecutors in the nature of the case identification and the function of closure to comprehensive and focused to deal with criminal cases, the discretional non-prosecution system was put on the agenda. The establishment of this system has more than ten years in the history of our country, but in our legislative and judicial practice there were failing. This writer tries to find knowledge improving the discretional non-prosecution system in our country from some of the basic theory on the discretional non-prosecution system and the basic contents of the world's leading system.Paper is divided into four parts.The first part deal with a preliminary analysis of the concept of the discretional non-prosecution, of the nature of effectiveness, and of the basis of the theory. This writer believe that: the discretion of the prosecution not to prosecute is a litigation action that according to law the suspect minor criminal acts punishable under criminal law, and does not require or waive the penalty, not to cross-appeal the court of criminal suspects for trial, which decided to terminate the criminal action litigation. The production and development of the discretional non-prosecution system is a necessity in the legal history. Its basis of theory include the state clemency and punishment of criminal policy, the individual stiffness of the penalty under the law, and litigation benefits.The second part is the extraterritorial investigation of the discretional non-prosecution system. First, comprehensive national development trends of the Two Schools, it is pointed out that the existence of this system is the choice of history, and the requirement of the times. Then, a comprehensive inspection is conducted on the two legal systems in the discretion not to prosecute the field of national scope, modalities, control mechanism. The merits and demerits of the discretion right in individual countries are different which has some reference value improvement.The third part introduces the condition and problems of the discretion not prosecuting system in our country. It highlights the obstacles existing in carrying out the discretion of not prosecuting ,including the specific narrow range of discretion, standard fuzzy; and the way for a single, cumbersome procedures; decision-making process in advance and post relief mechanism is not perfect, and the supporting mechanism for lagging seriously behind. All in all, above is the problems to be overcome when the system is designed.The fourth part is to improve our discretion of the discretion of not prosecuting. We should follow the historical trend, boldly learn from foreign advanced experience and practice, combined with China's national conditions, take in the long and abandon its short. Specific recommendations are as follows: clear and gradually expand the scope of discretion can not afford the right to appeal; explore effective ways for the discretion of not prosecuting; reform the pre-reform and the review processof the discretion of not prosecuting and establish a sound mechanism for expost relief; also, improve its matching of the work and help and education mechanisms.