Research On Several Problems Of Criminal Nonprosecution Policies

Criminal nonprosecution is a lawsuit activity which the prosecution subject or think it is qualified to prosecute after examining the case which having been completed investigating to transfer to prosecute , but because they have legal judging rights, or think it is unqualified to prosecute, so making the decision to stop the lawsuit.According to reflecting the public procurator's right of judging amount of freedom, the principle of guiding the criminal nonprosecution can be divided into prosecute legal doctrine principle and proscecute convenient doctrine principle ,different country have two different principle to reflect in the system of criminal suit. Our country insist on relying mainly on telling the legal doctrine , doctrine of convenient prosecution is an exceptional situation in the system of criminal suit. The criminal suit structure refers to the legal status of the tripartite subjects who are accusion, debation, examination and their interreaction state in criminal suit, the present criminal lawsuit structure of criminal nonprosecution in our country is examining type. The value of criminal nonprosecution policies has two kinds of behavior, one is the value of the tool, the other is the purpose value, two kinds of value is two respects of a question and connect each other, it is equally important, does not divide primary and secondary . The criminal value goal of the criminal nonprosecution policies is an ideal state which is social subject , including the country , society and citizen ,who expect the operation of the nonprocseution policies to reach, including fairness , efficiency , human rights , order etc four items ,and these value goals permeate , forgive each other, also they set each other under certain condition at the same time , conflicting each other.The theoretical classification of the criminal nonprosecution is the specific classification for the unqualified prosecuted cases according to the revised regulation of criminal procedure law which reflect its characteristic. According to the standard whether the public procurator in criminal have freedom right of cutting out, the nonprosecution can bedivided into two kinds : qualified to prosecute but not prosecute and unqualified to prosecute but not to prosecute . Qualified to prosecute but not prosecute is a lawsuit activity which the prosecution subject think it is qualified to prosecute after examining the case which having been completed investigating to transfer to prosecute , but because they have legal judging rights, so making the decision to stop the lawsuit. Unqualified to prosecute but not to prosecute is a lawsuit activity which the prosecution subject think it is unqualified to prosecute after examining the case which having been completed investigating to transfer to prosecute , so making the decision to stop the lawsuit. In order to expand and protect the lawsuit rights of suspects and victims, increase openness and legitimacy , it is necessary to administrate law control to criminal nonprosecution to realize the double criminal suit purposes of punishing crimes and ensuring human rights. Various countries all set supervision , restricts the measure on the operation of criminal nonprosecution among criminal suit, but the continent law and Great Britain and American department have large differences, The criminal restrictions mechanism in the continent law country to nonprosecution are very complete, but the national public procurator of Great Britain and America has nearly unrestricted sanction rights . The criminal restriction mechanism of the criminal nonprosecution may be divided two kinds according to subject : one is the way of party's self- relief , the other is the way of supervision, restriction, of the judicial authority.