| In some sense, it is an important symbol of social civilization whether we show humanity to the accused and have general tolerance to criminals. The humanity in criminal law is well known to the law theory researchers, however the humanity in lawsuit receives poor attention, especially under the side effects of the notion of "guilty and must be punished" and " tough operation towards crimes". As a result of that, the notion of humanity in theory develops slowly in China. Because of the lack of judicial resources and bad effects of penalty, it is an important task for law offices to make full use of the value of non-indictment system. This article takes criminal as integrative, bases itself on relative theories on criminal law, criminal policy, criminology etc, using the mothords of comparison analysis, example analysis, historical analysis, making a research on non-indictment system. The article develops in a thread from notion to principles, systems, practices and public rules in the end. The article holds the view that during the perfect process of non-indictment system, we should consider the real situations in China and should not ignore the advance of the notion just because of that. It emphasizes that we should put the notion of humanity, the notion of humanism, the notion of balance into non-indictment system, so as to enlarge the power of non-indictment and efficient control to build a new non-indictment system in the harmonious society. These ideas may help carry out the criminal legal policy, maintain the social stability, resolve social conflicts, promote social development. Apart from that, it also paves the way for increasing lawsuit efficiency, saving legal costs and rational collocation of legal resources, which carries valuable theoretical and realistic influence during the process of building our socialism harmonious society.The article consists of 4 parts.Part 1 This part covers the concept of non-indictment system and the history of non-indictment thoughts. It also analyses the characters and functions of non-indictment system.Part 2 This part argues the reality and necessity of the development of the non-indictment system from the view of limited legal resources and side effects of criminal's prison detainment and penal punishment. Meanwhile, the article analyses the theoretical base and policy support of the non-indictment system from the view of criminal law, criminology, and criminal policy etc. Part 3 This part mainly analyses the current situations of non-indictment in China and abroad from the view of its notion, system and practice. It compares non-indictment principles, available fields, exertion, collocating powers, and controlling methods in China and abroad. It lists a series of problems about the cognition of non-indictment powers, the setting of non-indictment system and practice of non-indictment system. It demonstrates the side effects of abuse and over control of non-indictment system. It brings forward that the notion of humanity in lawsuit should be put into non-indictment judgment development, so as to balance the relation between justice and efficiency, general and special guard against crime, the defendant and the victim, enlargement and control of the legal power.Part 4 Considering the reality and difficulty problems about the quantity of non-indictment, this part brings forward the principles and standards of non-indictment system and enlargement of non-indictment system in China, such as building non-indictment system on social public rights, attaint witness, complete choice of indictment system, penal pacification system and so on. This part suggests practical steps to perfect non-indictment powers. Meanwhile the article holds the view that in order to frame the non-indictment system in a harmonious society, we should establish relative systems, such as inquisitor's qualification of incident punishment, procedure participation system, lawyer's representative system and educational system for professional inquisitors.
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