On The Construction And Perfection Of The Non - Prosecution Restriction Mechanism In China 's Criminal Proceedings

In the current judicial system in China, the non-prosecution system is an importantsystem.Its establishment reflects the cautious of the exercise of state power in the process ofbuilding a socialist legal system in our country.And its also shows that the exercise of statepower need to proceed from the fundamental interests of the masses to safeguard thelegitimate rights and interests of the people and to prevent and eliminate abuse of power, thepower of the phenomenon of corruption.As the non-prosecution system is determined by the size of the exercise ofdiscretion.Therefore, in practice, the constraints and limitations of discretion, be controlledwithin a reasonable range of exercise is particularly important.We should ensure that judgeshave a certain discretion based on the difference between the degree of harm and meritsduring the trial and at the same time to control and limit the size of discretion to prevent abuseof power.As world development and research activities in criminal proceedings.We amend theoriginal indictment legal doctrine in the course of the criminal trial.Prosecution of new addedaccording to the meaning and significance of non-prosecution system.And through researchindicates the status of the country without restriction mechanisms to prosecute andproblems.For example private Prosecution indictment mechanism is difficult to achieve, notto prosecute people for being too restrictive rights, ex ante control mechanism for setting theinadequate attention and prosecutorial agencies of internal control and easy formality.On thesebasis,poposed non-prosecution system improvement and development of recommendationsand countermeasures for activities of criminal.procedure:Establishment of non-prosecution hearing system,Improve the system ofnon-prosecution constraints,Strengthen human rights is not to prosecute the protection.