Study On Improvement Of Criminal Immunity System

The system of criminal immunity from prosecution means that after the reviewing of the cases transferred for examination and prosecution from the public security organs , or the cases investigated by itself, the People's Procuratorate considers that the behavior of the suspect does not meet the standard of prosecution or there's no necessary conditions of prosecution, so it makes the decision, according to law, not to submit the suspect to the court trial and not to let them hold the criminal responsibility. It is an important criminal proceeding in China's legal system that has seriously affected the progress and the end of criminal proceedings, as well as the suspect's fate.The system of criminal immunity from prosecution is an important manifestation of the thought of penalty individualism and light punishment. The reasonable utilization of the system has many important meanings. First of all, it is the inevitable requirement of the economic value of lawsuit, which causes some cases that should not enter the trial program will be terminated at the right moment of the examination prosecution .It can both reduce the lawsuit time and save the massive judicial resources. Secondly,it is helpful in protecting litigant's legitimate rights and interests. With regard to the suspects who should not be investigated legal responsibility, they can be separated from the shackles of investigation as soon as possible. While as for the victims, it is the premise of the protection of their legitimate rights and interests to investigate the true suspect's criminal liability. Meanwhile, the law also endues with the right to the victims that they can appeal to the Procuratorating or bringing the action to the court directly if they refuse to accept the decision of immunity from prosecution, which can safeguarded victim's legitimate rights and interests from the system.When it comes to the legal provisions on the system of criminal immunity from prosecution, there exists flaws both in the areas of the legislation and the judicial practice. This article plans to take the system of criminal immunity from prosecution as the object of study, taking the results of foreign research, in the view of the flaws of the system of criminal immunity from prosecution in China, and eventually proposing the suggestion that consummates the system of criminal immunity from prosecution in our country in order to realize the goal that the value of the system can be fully displayed. The article can be divided into four parts.Part I is the basic theory of the system of criminal immunity from prosecution, including the doctrine of prosecuting discretion and the restraining principle of criminal law, Through the introduction of basic theory, it analyzes that the system of criminal immunity from prosecution is in accordance with modern criminal law thought, as well as the principles of litigation economy, which is helpful to maintain the legitimate interests of suspects.Part II is the investigation of the system of criminal immunity from prosecution in foreign countries .In this part, through the analysis and comparison of the setting of the system of criminal immunity from prosecution in common law countries as well as in civil law countries, it offers references for China to consummate the present system of criminal immunity from prosecution.Part III is on the existent flaws of the system of criminal immunity from prosecution in China. It includes five problems: applied conditions of the principle of using the doctrine of commencement of action by law primarily are not set quite thoroughly; the scope of application of the doctrine of prosecuting discretion is too narrow; the legislation setting of non-prosecution for doubt is not reasonable; there exist flaws in the aspect of the litigants'rights relief; the setting of the transformation from the public prosecution to private prosecution.Part IV is on the specific proposals to improve our system of criminal immunity from prosecution in China. It puts forward some suggestions in six aspects: increasing the applied conditions of the principle of using the doctrine of commencement of action by law primarily; broadening the scope of application of the doctrine of prosecuting discretion; consummating the legislation setting of non-prosecution for doubt; enhancing the mechanism of the litigants'self-relief in non-prosecution cases; setting the system of deferring prosecution additionally; setting the procedure of the non-prosecution decision scientifically.