The Study Of Pre-procedure In Relative Nonprosecution

From drawing the Constitution and improving laws in latter Qing Dinasty to setting up the principles of the Bourgeoisie constitutional system in Nanjing national government,from no laws in the Cultural Revolution period to recovering and flourishing prompt legal institutions development in socialism society,the Chinese legal system building in recent century was unconstrained ups and downs. Among them ,there were conflicts between transplanting the laws and localizating the laws&between the public authority and the private authority. At present, the Chinese legal system building and science of law study are flourishing.Many scholars who study laws think that we should study laws from other foreign countries,but localization resource gradually tends to be deserted .The reason of this phenomenon is the conflict between studying the laws from other countries and localizating the laws in our own contury.As a practical law,the procedural law also can't avoid this problem.The author think that there are two problems in studying the procedural law:One is that theory and practice are out of joint,the practice is earlier than the theory.The other is that the local judicial authority idea which is published in no order .In order to fit in with the urgent judicial practice, local judicial authority have drawn the"opinions"&"decides"instead of the law which should be drawn by our national judicial authority. Because we are a statute law country,we don't have the cases law system .The differences among these"opinions"&"decides"drawn by local judicial authorities lead to no order and no authority in drawing laws. According to this phenomenon,the author suggest to put the criminal reconciliation as the pre-procedure in relative nonprosecution.He mentions the theoretical basis&practical significance of criminal reconciliation by comparing and analysing in practice.He also analyses the basis&litigation mode the procedure of criminal reconciliation in foreign countries,and build the pre-procedure of relative nonprosecution concretely.