Study On The Hearing Of Witnesses Of Non-prosecution

The weighing power of non-prosecution, as a important segment of prosecutorial power, has been established so as to heighten the litigation efficiency and protect the lawful rights of and benefits of the litigant。However, as lack of a efficient supervision and control mechanism thereof in the practices, the prosecutorial organs would mostly make the decision of non-prosecution in the black case work and neglect litigant's participating right and their actual influence on the procedures, which would result in the un-justice in the judicial practices. Moreover, these operational molds would hardly deserve the trust from litigants and increase the possibilities of applying to re-examining, appealing or instituting an action thereof, even the appealing to the higher authorities or the multiplicity of an appeal would occur thereof, which would waste the judicial resources, and make the non-prosecution not economical that would have been in accord with the principles of economical trial. Penman would consider that it shall construct the hearing of witnesses of non-prosecution that would resolve the problems resulting from the procedures on non-prosecution efficiently and stimulate the openness and justice of the non-prosecution so as to come true the suit value, and go ahead of proposing the perfect project on how to construct the hearing of witnesses of weighing power of non-prosecution. The article hereof shall include three parts ex preface, namely:The first chapter would illustrate the application and its rules about weighing power of non-prosecution. The theory of weighing power of non-prosecution builds on the doctrine of prosecuting discretion. The doctrine of prosecuting discretion would not only benefit the renewal and transformation of criminals, but also adhere to economical principle of litigation, and has been accepted by countries all over the world. Comparing to other countries, the current criminal procedure law restricts the weighing power of non-prosecution conferred to the prosecutorial organs strictly to non-prosecution of the minor guilt. On the other hand, through the comparison with the non-prosecution rules of civil law countries, such as Japan, Germany etc, we would conclude that the non-prosecution rules in China is too strict and the program design hereof is not scientific, which would result in the lower application ratio and make the value & function of non-prosecution difficult to play. At last, penman would propose to construct the compact system of hearing of witnesses of non-prosecution weigh.The second chapter would mainly make the theoretic research into the hearing of witnesses of weighing power of non-prosecution. Hearing of witnesses of weighing power of non-prosecution is one kind of judicial hearing of witnesses, and has the same theoretic origin thereof whether it is the legislative, the judicial or the administrative hearing of witnesses. The hearing of witnesses builds on the natural justice theory of English common law, the due process of American law and the due process mold of the civil law countries commonly. This chapter would also make a detailed discussion of the aspects, such as the legal basis, the function and effect, and the basic principles of hearing of witnesses of non-prosecution weigh, and construct the solid theory basis thereof.The third chapter would mainly propose the project on how to perfect the hearing of witnesses of weighing power of non-prosecution. According to penman's spot investigation, penman would evaluate and analyze the present application and its causes, and go ahead of proposing the perfect measurement. So as to perfect the hearing of witnesses of non-prosecution weigh, penman would propose the improvement and perfection design about the every link provided in the open review rules while People's Procuratorate handles the non-prosecution cases (trial implementation), namely: (i)the scope of hearing of witnesses of non-prosecution weigh;(ii)the principle of consideration to the efficiency and fairness (iii)the relative non-prosecution cases that would be determined and that has been in disputes or has larger differences. At the same time, penman would also propose the perfect and design measurement of the hearing of witnesses of non-prosecution weigh on such items as the initiating procedures, preparing work, assembly personnel, proof citation & cross examination, public hearing resolution, decision not to sue etc.