Study On Restriction Of The Non-prosecution System

China has established the criminal non-prosecution system in the existing criminal procedural law. The establishment of the criminal non-prosecution system has reflected the requests of the convenient principle of prosecution and expanded the power of non-prosecution discretion exercised by prosecutor. This is not noly conducive to safeguarding the interest of the public but also to the realization of the economic litigation.However,since wo lack of a sound mechanism which to constraints on power not to prosecute.Correspondingly,power not to prosecute exercised by people's procuratorate can not be well supervised,the rights and interests of litigants can not be well safeguarded neither.And this resulted in the judicial practice of chaotic.Inorder to supervise the operation of the power not to prosecute,and safeguard the rights and interests of litigants.The paper,frist,analize the non-prosecution restriction system from the theoretical level;By analyzing the current situation of the non-prosecution restriction system,the author carry out analysis on a range of issues in judicial practice.And summed up some of the major drawbacks of the existing non-prosecution restriction system.In the end,by carry out analysis on the related systems of Germany and Japan,the author putting forward several proposals to further perfect the non-prosecution system in China.Generally speaking,the main problem of the existing non-prosecution restriction system is the relations in litigation are out of balance.Including the relation between the power not to prosecute and the right and interests of litigants,so was the relation between the victim and the unprosecuted.The key point of out of balance lies in that we lack of a sound non-prosecution restriction system. The supervision and the Restriction to the non-prosecution system shall focus on the enforcement of the power not to prosecute,so that the enforcement of this power follow the criminal policy of"tempering justice with mercy"and the principle of"statutory prosecution procedure assisted by simplified prosecution procedure".