Study Of The Problems In Applying The System Of Non.Prosecution

The System of Non-prosecution refers to the system in which cases not to be submitted to the court so as to terminate the criminal procedure in the prosecution phase, for these cases do not meet the legal conditions of public prosecutions or do not need to be prosecuted. The System of Non-prosecution embodies some modern criminal law trends of the punishment individualization and mitigation. The proper use of the System of Non-prosecution is helpful in raising prosecution efficiency, saving prosecution resources, reaching prosecution economic purposes, and guaranteeing the legal rights of suspects. The applicable conditions and the treatment conditions of the Non-prosecution System have been stipulated clearly in Code of Criminal Procedure of PRC, which provides legal foundations and system guarantees for judicial practices. However, in actual practices, owing to various reasons, there are many problems in applying the non-prosecution principle so as to its internal value cannot be smoothly realizad. Most of the cutting points in previous studies on this issue revolve around relevant theories or the legislation of the System while this thesis is going to focus on problems in the application of non-prosecution practices from a judicial practiser's view, and try to draw the conclusion that under unsatisfactory law enforcemint circumstances, the biggest problems underlying the System of Non-prosecution lie in the actual practices rather than in the legislation. And the emergency of these problems have deep social background. Should this situation not be changed, neither the procurators would be able to work effectively, nor the value of the System of Non-prosecution would be realized, nor the citizens' legal rights would be protected. In this thesis, in order to improve the System of Non-prosecution, based on my research, I put forward some advices.This thesis is divided into four parts: the theoretical value and significance of the System of Non-prosecution, the current conditions and problems in applying the System of Non-prosecution, the malfunction of the System of Non-prosecution, and the measures and advices to guarantee the smooth application of the System of Non-prosecution.Part One focuses on the theoretical value and significance of the System of Non-prosecution. It starts with the concepts and nature of non-prosecution, then moves to the types of non-prosecution. After the underlying legal foundation of this system is clarified, the significance of the non-prosecution is discussed, which is specifically reflected in the following four points: First, the value of economical prosecution is embodied; Second, the criminal policies of "punishment individualization" and "punishment mitigation" are met; Third, the legal rights of the person involved in legal cases can be protected; Fourth, the proper use of non-prosecution is in line with our country's needs.Pary Two concerns the current conditions and problems in applying the System of Non-prosecution. Through concrete cases, the problems in applying the System of Non-prosecution are mainly in the following five aspects. First, the ration of non-prosecutions in all prosecutions is much too low; Second, there are a legion of alternations of non-prosecution; Third, non-prosecution is replaced with the cancellation of cases; Fourth, there are misunderstandings of the System of Non-prosecution; Fifth, the inappropriate overlapping of the different types of non-prosecution. In raising these problems, the author list some real cases as well as making in-depth analysis to the aftermaths of those problems.Part Three is about the malfunction of the System of Non-prosecution. The aftermaths of the non-prosecution is touched upon. The malfunction of the non-prosecution runs counter to the basic spirits of our Criminal Law and is harmful to the harmony and stability of the society. Moreover, the malfunction of the non-prosecution does not take the application of non-prosecution into account, which is against the Procedure Law. Then, six reasons of the malfunction of non-prosecution are identified: First, the setting up of the procuratorial organs is unscientific; Second, there are false law enforcement concepts; Third, there are limitations purely created by men; Fourth, the free judgment authority of non-prosecution is far from sufficient; Fifth, the awareness of human rights and procedure is low; Sixth, law enforcement circumstances for procurators is unsatisfactory, whose legal rights cannot be protected.Part Four covers the measurements and advices to guarantee the smooth application of the System of Non-prosecution. According to the author, there are eight measures: First, the internal supervision mechanism must be improved; Second, the concepts of law enforcement must be updated; Third, the compensation system for criminal victims must be established; Fourth, the exemption from official duty of procurators must be established and their safety must be guaranteed; Fifth, procurators must independently exercise their functions and powers; Sixth, the judicial control mechanism for prosecution abuse must be established; Seventh, the law enforcement standards of procurators must be heightened; Eighth, the Public Examination System for Non-prosecution must be improved.