Our Country Does Not Sue The System And The Consummation

Does not sue the system is the modern country under the rule of law establishes and entrusts with the National Criminal activity Complaint Institution to be certainly free decides after deliberation the power a basic system according to the prosecution cheap principle criminal prosecution idea, this system had raises the lawsuit efficiency, to be advantageous to the perpetrator socialization, manifests the legal effect and the social effect again unifies and so on intrinsic value and the significance, the world overwhelming majority country and the area has practiced this system in the criminal prosecution, was also one of our country present Law of Criminal Procedure establishment basic systems. But has reformed since our country develops 30 years, the social benefit pattern's change has created crime multiple and the multiplicity, the stern crime situation forces the legislator to be doubly careful, in adds on our country to receive the severe sentence principle the traditional law culture influence, cracks down on the crime under the criminal law policy leadership, even more has paid great attention the prosecution legal principle, but to sues the cheap principle Procuratorial agency's freedom to decide after deliberation the power appears very prudent.The paper plans through our country not to sue the legal regime intrinsic stipulation analysis to obtain, is suitable in view of the Procuratorial agency in the judicial practice does not sue the situation which the system meets, proposed that at present does not sue the system existence the question, affects our country from the legal rule and the judicial practice angle analysis not to sue the system the factor, and profits from other countries and the area does not sue the system, proposed that the consummation does not sue the legal rule which absolutely and leaves undecided does not sue, the condition which the relaxation relative does not sue, the applicable scope which the expansion relative does not sue, increases postpones not to sue, the simplification is suitable the procedure which does not sue, as well as transforms the public prosecutor to enforce the law the idea, to improve aspect and so on public prosecutor quality suggestions, studiesThe discussion does not sue the system the suitable present situation and the consummation. The primary coverage is as follows:First, our country does not sue the system and the movement present situation. Does not sue the system from our country to stipulate that now, the value function, the suitable condition showed our country does not sue the system, pointed out that our country present does not sue the system is the criminal prosecution system's important composition department, is the People's Procuratorate fulfills the appeal function and a legal supervision function important authority, from 1979 Law of Criminal Procedure's establishment to 1996 Law of Criminal Procedure's revision, to consummated gradually from the establishment, was cracking down on and the control crime, maintains the social stability aspect, has played the quite vital role. But in the practice movement, reflected system's flaw and the insufficiency, created have been suitable the prosecution rate not to be low, the standard not easy assurance, not to be able to display its unique value function completely.Second, does not sue the present situation reason analysis. From present does not sue the system the legislative flaw, does not sue decides after deliberation the power suitable multi-layer surveillance to restrict the mechanism, as well as is suitable relative does not sue occupies the settlement not to sue the case main proportion three aspects to analyze present does not sue the system suitable present situation the reason. Proposed expands the public prosecutor to decide after deliberation the power freely the necessity, and to reform and consummate present does not sue the system to provide the mentality.Third, does not sue the system the reform and the consummation. This part in full consideration efficiency and fair and so on under factor premises, about did not sue the system in view of the present Law of Criminal Procedure the insufficiency to propose corresponded improvement opinion. Through profits from overseas and other areas does not sue the system, the analysis under the government by law background the full display does not sue now decides after deliberation the power the society to expect that ever does not sue the legal regime the stipulation and the design, the standard and perfect does not sue the procedure, to enhance the public prosecutor to enforce the law the idea and the quality expands the public prosecutor to decide after deliberation the power freely, further consummates and the reform does not sue the system, causes not to sue the system the judicial value to be able to obtain manifests fully.