On Deficiencies And Improvement Of The Restriction Mechanism Of Non-prosecution In Our Country

Due to the deficiencies of legislation and system setup here and there, the restriction mechanism of non-prosecution has many shortcomings in practice in our country. By introducing an overview of the restriction mechanism of non-prosecution, seeking the experience and practices that have a worth of reference and inspiration from the legislation and practice in Germany and Japan, and analyzing the current situation of restriction mechanism of non-prosecution in our country, pointing out the deficiencies of restriction mechanism of non-prosecution, we finally propose our suggestions on how to further improve the restriction mechanism of non-prosecution in this paper. The full text contains a total of four chapters, divided into introduction, content and conclusion three parts.Chapter I an overview of the restriction mechanism of non-prosecution: define the accurate concept of restriction mechanism of non-prosecution, analyze and conclude the general characteristics of the restriction mechanism of non-prosecution, understand and demonstrate the legal basis of restriction mechanism of non-prosecution, and clarify the value of restriction mechanism of non-prosecution .Chapter II compare with and get inspiration from the restriction mechanism of non-prosecution in Germany and Japan: focus on the improvement of restriction mechanism of non-prosecution in our country, and seek the experience and practices that have a worth of reference and inspiration from the legislation and practice in Germany and Japan.Chapter III the status quo and deficiencies of restriction mechanism of non-prosecution in our country: analyze the situation of restriction mechanism of non-prosecution and point out the existing shortcomings that the restriction drawbacks in the public security organs; prosecutorial organs are not in place within the constraints; the peoples court constraints with little success; the person in non-prosecution is weak in relief; the victim's relief can hardly be effective; and the deficiencies of restriction mechanism of non-prosecution in the people supervisor system.Chapter IV the improvement of restriction mechanism of non-prosecution in our country: dwell on the improvement of restriction mechanism of non-prosecution based on the above contents and the specific measures include the improvement of internal restriction mechanism in prosecutorial organs; the improvement of restriction mechanism on victims; and the improvement of restriction mechanism in the people supervisor system.