Study Of Chinese Discretion Not To Prosecute

Chinese not-prosecute is a system that is being conservative reformed. Although not-prosecution is roughly classified to legal not-prosecute,not-prosecute lacking accusing evidence and discretionary not-prosecute in academic circles. However, from the significance of the discretion, not-prosecute insufficient evidence and discretionary non-prosecution can be assigned into the scope of discretion not to prosecute, discuss some of the issues on not- prosecute insufficient evidence by the way. At present, there are many problems in legislation and justice about Chinese not-prosecute system, especially discretionary not-prosecute. Such as the violation of presumption of innocence and non bis in idem led prosecution excessive power on discretion not to prosecute .a large number of applications on the glorious future is undoubtedly a major obstruction and pain. But the discretion not to prosecute is so bright that we can not help conducting a wide range of exploring and summary. carrying out extra-territorial basis of comparative study, we can understand its legislation and application situation in other countries, absorb its essence, discard the dross. On this basis, lift obstacles, eliminate pain, so that the nature of discretion not to prosecute to modernization, and thus expand its application. but also it is necessary for effective system to regulate the risk of abuse the system, establish judicial checks and balances.