Research On The Mechanism Of The Non-prosecution

Non-prosecution is an important criminal prosecution system. The establishment of this system has manifested the individual-based, light punishment-oriented criminal policy and highlighted the educational function of the penalty, while is also beneficial to the rational allocation of judicial resources, protect the legitimate rights and interests of the parties. The essence of non-prosecution is that the law has ensured the procuratorate who has right to discretion of the relevant cases. Therefore the operation process of non-prosecution is actually a public authority's operation process. The power which is able to change the tendency of development of the original things, and affect the distribution of benefits among the different subjects of coercive power, can easily be abused . Absolute power leads to absolute corruption, this is everlasting truth. Non-prosecution is no exception, Therefore, it is necessary to constrain the use of the Procuratorial agency right to non-prosecution .This article is mainly divided four parts to analyze the restriction mechanism of non-prosecution. First,we will summarize the restriction mechanism of non-prosecution, define the restriction of mechanism,explore the function of the restriction mechanism of non-prosecution, and discuss the theoretical basis. Next, we will investigate and compare the restriction mechanism of non-prosecution of two legal systems. By analyzing the foreign restriction mechanism of non-prosecution., we drawing on the experience and essence, with reference to improve the restriction mechanism of non-prosecution in China. Once more, we analyze the present situation and problems of the restriction mechanism of non-prosecution in our country. To solve the problem, you must first find the problem. With a combination of theory and judicial practice, we find the problems of the restriction mechanism of non-prosecution in China. Finally, we propose some suggestions to the restriction mechanism ,incorporate with the present problemsAs a whole, The restriction mechanism of non-prosecution mainly focus on restrictions to the prosecution's decision and protection to rights of the parties. The purpose of the restriction mechanism of non-prosecution is not completely to tie the hands of Procuratorial agency, but to urge the Procuratorial agency to exercise the right to appeal properly, prevent the cases which should be suede from not being suede, injure litigant's legitimate rights and interests. Namely, the purpose of setting up the restriction mechanism of non-prosecution is in order to ensure the operation of the non-prosecution scientifically and rationally, give full play to the role of non-prosecution and realize the value of the system.