Sdudy On The Restriction Mechanism Of Not To Prosecute

The system of not to prosecut whith embodieing the individualized and light punishment of criminal policy , highlight the important education save function and availing our judicial reasonable allocation of resources is a important criminal litigation system in our country . Not to prosecut explained as " The punishment decision for the cases of noaccording with those who sue a condition shall be made by the national prosecution organ ."[1 ] The decision of not to prosecut belongs to the procuratorial organs , and the process is one of a power in fact , the power effecting of different subjects between the mandatory power distribution of interests can be abusee easily . "This is not only an experience ."[2] It's necessary to set up necessary restriction mechanism and effective supervision for the national prosecution organ in the law .This article is divided into four chapters : The first part expounded the concept and meaning and concreted analysis of its characteristics . We explored the necessity ,the theoretical basis of therestriction mechanism of not to prosecut that is the power balance theory , the rights theory and the the litigation democratic theory . The secend part Compared the models of restriction mechanisms of not to prosecut in different countries and regions , it can be divided into court review , private prosecution and public examination .The third part analysed and evaluated the sestym of public prosecution turning to private and the people's supervisor in our country ,expounded the present situation and the existing problems . The forth part putted some rationalization proposals and countermeasures to improve for how to construct our restriction mechanism of not to prosecut .In brief , we hope to play a positive role for our country's judicial theory and practice by this article...