Several Questions About The System Of Arrest And Non-prosecution

Arrest and Non-prosecution are two judicial activities of different stages in criminal procedure .They distinguish from each other, connect with each other at the same time. Arrest, as one of the most severe coercive measures also as one of the most important state powers has been paid much more attention by our country's judicial practice and theory of law since the issue of Criminal Procedure Law in 1979, especially after 1990s. Furthur more, the attention has extended beyond the scope of criminal procedure to the fields of criminilogy, penology, socielogy, etc. Meanwhile, our country's law circles have not ceased to the study on prosecution and non-prosecution and gradually reached common understanding in many respects. It is an opjective demand of the modern judicial civilization to set up and perfect the non-prosecution system. With the constant chang and development of social situation, the proplems among judicial practice bring to, the practioners a great deal of puzzle. This paper tries to discuss several questions about arrest and non-prosecution. The full text divided into four parts altogegther.Chapter one: Explain the historical evolution, recent state and interreaction of arrest and non-proscecution in our country.Chapter two: Expound briefly the foreign non-prosecution and main types of it, nen-prosecution convenient doctrine, criminal policy and prosecution discretion right, etc.Chapter three: Analyze sevenal puestions of the non-prosecution system from the angle of real cases in judicial practice in recent years.Chapter four: To be key of this paper. Give a dletailed founation analysis from the misunderstanding of the relation between arrest and non-prosecution, judicial system defect, judicial idea that fall behind and evolve the realisticstate that it is hard to be non-prosecuted after arrest.The theory comes from practice, serve and practise finally. The problems discussed about aim to cast a brick to attract jade, expect to give some inspiration for judicial practice in the future and offer some bases for macroscopical decision of justice or draw lessons from.