On The Application Of Prosecution Of Taxonomy In China 's Criminal Prosecution

The doctrine of prosecuting discretion has been established in the world, And its development conforms to the trend of world development in criminal proceedings countries. Japan and Germany are the typical countries that implements this doctrine in civil law countries, but in common law countries, it’s application is more extensive. In China, the doctrine of free evaluation prosecution represented in the system of free evaluation non—prosecution and conditional non prosecution system, but these systems have many problems in the legislation provision and judicial application, especially the conditional non prosecution,which is established as a new system of dispute, and the supporting system also needs improvement.This thesis is composed of four parts. The part is the overview on the doctrine of free evaluation prosecution. The author introduced the concept and rationale the doctrine of flee evaluation prosecution, and the status quo of foreign doctrine of free evaluation prosecution. Part two is the study on the status quo of the doctrine of free evaluation prosecution in China. This part mainly introduces the main forms of the practice of the doctrine of prosecuting discretion in China, and the analysis of the legislation and practice situation. In addition, this part also introduce the public prosecution withdrawal of Chinese criminal procedure. Part three is the rationality and the irrationality of the application of the doctrine of prosecuting discretion in China. And the doctrine of prosecuting discretion is in accord with criminal policy, the current situation of judicature and principle of human rights in China. But it is also limited in the legislative practice, which make it can not perform its functions. Part four is about the fulfillment of the doctrine of free evaluation prosecution in china. It mainly discusses from the aspect of non—persecution regime,conditional non prosecution and the withdraw the public prosecution.