Research On Conditions Of The Non-prosecution System

Non-prosecution system as a system of the criminal prosecution phase, reflects the fundamental value and significance of criminal profoundly:to protect the lawful rights and interests of citizens and keep innocent people from criminal liability, reflecting the purpose of Code of Criminal Procedure to protect human rights; to shorten the proceedings and save a lot of manpower and material resources, thereby reducing litigation costs and saving the limited judicial resources, reflecting the economic principles of litigation. Therefore, this system has been established in most countries. The non-prosecution system was established in our country by Code of Criminal Procedure published in 1979, and there is major changes in Code of Criminal Procedure published in 1996. From the existing relevant regulations, our Non-prosecution system includes three aspects:the decision of non-prosecution,the post-processing program after the decision of non-prosecution was made and how to supervise the making of decision of non-prosecution. From the perspective of this system, there are more or less some problems in these three areas, which affect the objective function and value of the non-prosecution system should have. Therefore, the system must be urgently improved.In this paper, the author would make analysis on one aspect of non-prosecution system which is the decision of non-prosecution and put forward some of her own views and ideas from the basic principles of criminal law. The analysis will combined with the practice of the Non-prosecution system and use such Law research methods as historical analysis, comparative analysis and empirical analysis.In terms of article 142, paragraph 2 of Code of Criminal Procedure published in 1996, the author think there is a progressive relationship between "minor circumstances of the crime" and "do not need to impose penalties according to criminal law"; the author also makes a clear definition and distinction on "do not need to impose penalties" and " to remit the punishment "; In addition, the paper gives the details of "circumstances of the crime" and tells the standard on " minor ".In terms of article 140, paragraph 4 of Code of Criminal Procedure published in 1996, the author thinks supplementary investigation is the necessary conditions on the basis of the analysis of the form, the premise and the conditions of supplementary investigation; the paper also illustrate concepts such as "evidence" and "insufficient evidence" and clarify the relationship between "insufficient evidence" and "do not meet the conditions for prosecution"; In addition, the paper gives the details of " do not meet the conditions for prosecution because of insufficient evidence".In terms of article 142, paragraph 1 of Code of Criminal Procedure published in 1996, the paper introduces two types of non-prosecution because of "should not look into criminal responsibility", and one is "there is no basis to give criminal sanctions", the other is "there is negative subjects to give criminal sanctions "; Further, the paper lists kinds of conditions when "should not look into criminal responsibility".