Probe On Prosecutor's Non-prosecution Discretion

Non-prosecution Discretion , as one of the important part of prosecutorial discretion has its great meaning to guarantee the justice, broaden prosecutors' discretionary rights and raise litigation efficiency.The revised criminal procedure law in China established relative non-prosecution, which embodied prosecutors' non-prosecution on the bases of abolishment of exemption from prosecution, forming a new relative non-prosecution .The thesis elaborated discretion of relative non-prosecution in our country from four aspects, trying to explore a path that is suitable to our national situations for the additional improvement of this regulation.The first part mainly discussed the definitions, legal theoretical and practical basement of discretion of non-prosecution. Non-prosecution Discretion is not the necessary contents of prosecutorial right, but the right that are conferred by law to prosecutors to choose to prosecute or not. Prosecutors' discretion of non-prosecution which was originated from doctrine of sue prosecution meets the needs of the idea of economic litigation, non-criminal and light penalty policy, public interests and of the remedy to inherent faults of rigid law.The second part compared the regulations of discretion of non-prosecution in two legal system countries, probing into the related regulations in a comparative method, exploring the reasons of differences in two legal systems and trying to find some inspirations from it.The third part emphasized on the study of the present situations of the discretion of non-prosecution, demonstrating the main contents, the recent justice situations and the existent problems of the discretion of non-prosecution in China.The forth part is the improvable constructs to the discretion of non-prosecution in China, putting forward to some measures such as broadening the applying scope, establishing reprieving prosecution system, reforming "public prosecution turns to private prosecution " and reasonable controlling the discretion of non-prosecution on duty crime.