On The Criminal Non-prosecution System And Its Consummation

With the change of the criminal law theory and idea the non criminal policy which criminal offense maybe is in the criminal prosecution not always in the court was carry out in every county. This gives procuratorate some free power to prosecute. Though the criminal prosecution system is very important in our country many problems exist in the legislation and administration. So it is necessary to study and rebuild the criminal non-prosecution system,This paper studies criminal non-prosecution system in our country. After the prosecute examines the criminal cases which have been investigated the corresponding penalization is given. From introducing the definition of non-prosecution system firstly, then it is divided into a legal non-prosecution. A non-prosecution decided after intense de liberation and a non-prosecution lack of enough evidence. The three rinds of non-prosecution are analyzed according to the legislative intention and purpose. At the base of that, this paper selects criminal non-prosecution system in Germany, Japanese, Britain, America, Hong Kong and Taiwan, the application and the restriction mechanism of non-prosecution system are comparatively in our country is reformed and improved. To analyse the common points and differences of these counties and regions' non-prosecution system. And then combining the present conditions of the criminal non-prosecution system in China. Dissecting the legislative and judicial disadvantages of modern non-prosecution system ,pointing out many problems of non-prosecution system. Such as. the equivocal legislation in the legal non-prosecution and the inflexible judicature; narrow space of relative non-prosecution and very strict control; the equivocal term of the non-prosecution because of lack of evidence and being against the rules of innocent inference; the restriction relief procedure of the non-prosecution system being not scientist, mostly restricted afterwards, the strict-controlled criminal judicature policy directly resulting in the lower applicable rate of the non-prosecution, being not its value; the miscellaneous work procedure of the non-prosecution decision and lack of transparency; the judicature of the temporary decayed prosecution in advance, but short of the law prescription.At last ,from the view of the legislation and the judicature practice, this paper gives a series of suggestion of rebuilding the non-prosecution system, including enlarge the applicable scope of the legal non-prosecution; expand the applicable scope of non-prosecution decided after intense deliberation; add the temporary delayed prosecution system; rebuild the restriction relief measure; reform and perfect the work procedure of the non-prosecution.