On The Discretion Not To Prosecute The System

The discretional non-prosecution is an important component of a civil suit, by its nature, it is a procedural disposal. The discretional non-prosecution is the right to abandon the indictment, prosecutors in real terms is the review of the activities of discretion, it affects the application of the litigation in this case flow and entity processing. The discretional non-prosecution embodies the values of impartiality, efficiency and order, which is significant to assure judicial equity, enlarge the prosecutor's discretionary power, and advance litigation efficiency.The new Criminal Procedural law has conformed the discretional non-prosecution, but its value has not been fully open out on account of oversight of system itself and deviation in specific manipulation. Therefore, it is necessary to deeply study its application in practice and problems in the discretional non-prosecution, and it is expected to assist legislative improvement and judicial practice. So, the author is trying to study some of the basic theory, the original of history, and the basic contents of discretional non-prosecution in the main countries of the world. The author is trying to find out some benefits of the knowledge to perfect the discretional non-prosecution system in our country.The article is divided into five parts. The first part is the summarize of the discretional non-prosecution, in this part, the define, the character, the class was introduced, and the evolution of its history was introduced too. In the second part, the litigation value and theory basis of discretional non-prosecution was discussed. In part three, the paper makes some researches on Germany, American and Japanese legal system of non-prosecution in order to find some better ways to reform our system by comparing different legal systems. In the part four and five, the article mainly presents the situation of discretional non-prosecution system and the improvement of it. This chapter mainly analyzed the defect of the discretional non-prosecution system in our country and Put forward some shallow proposals.The author expects that above-mentioned effort can benefit the consummation of non-prosecution in our country. The part studies shallowly and asks respectfully the experts, the scholar to give some useful proposal.