An Empirical Study On The Non - Prosecution Of Railway Procuratorial Organs

Based on its procuratorial responsibility, the People’s Procuratorate may decide not toinitiate a prosecution if it believes that the case does not meet the conditions for initiation of aprosecution or the case is unnecessary for prosecution. The non-prosecution system is part ofthe public prosecution system and one of the important responsibilities authorized to thePeople’s Procuratorate by the law. In2012, with the Railway’s Procuratorate’s formal mergeinto the national justice system, its proseccution model and management system are under thetransformation and exploration. The study of the non-prosecution cases of the People’sProcuratorate may help to solve and improve the problems existing in its system for a longtime and change the concepts in time, thus adapting to the2012amendment of the CriminalProcedure Law and carrying out a moderate criminal juridical policy. It is also verymeaningful to help to build a harmonious socialist society.Guangzhou Railway Transport Branch of Guangdong Provincial People’s Procuratorate(hereinafter Guangzhou Railway Branch) and its jurisdictional subbranches of Guangzhou,Hengyang, Changsha, Huaihua and Zhaoqin are responsible for the railway cases in the threeprovinces of Guangdong, Hunan and Hainan, and Tongren city of Guizhou Province under theadministration of Guangzhou Railway Group. For years, the number of cases handled byGuangzhou Railway Branch has ranged the top among the national railway procuratorates. Inthis essay, the non-prosecution conditions for the criminal cases in seven years from2005to2011, the normal criminal cases transferred by the public security organ and the cases ofprivate investigation are studied and analyzed. The non-prosecution rate of the normalcriminal cases by Guangzhou Railway Branch stays at around2%, an even level comparedwith that of the nation and the province. Meanwhile the rate of the corruption-related criminalcases is far more than12%, up to70%above even for some year. The five reasons for thehigh non-prosecution rate are: firstly, the low efficiency of the investigation and prosecutionorgans. Secondly, the inadequate understandings of the laws and regulations. For example, theequivocal understanding of the Clause No.2of Article142leads to an improper applicationunder the condition of a minor case. Thirdly, the loose juridical authorization for thecomparatively non-prosecution cases. Fourthly, as for the respective feature of the railwayindustry, it is difficult for the investigation organ to conduct investigations and collect evidences. Fifthly, the entrepreneurship management system of the Procuratorate, influencinga proper application of its authority.The new amendment of the Criminal Procedure Law in2012helps to make the contents ofthe non-prosecution broadened and more scientific and reasonable. To solve the existing problems in theRailway Procuratorates’ application of the non-prosecution system, the six aspects are to be consideredafter the through study and full understanding of the amendment. Firstly, the Railway Procuratorates shallexercise the power of the non-prosecution in accordance with law and correctly apply the legal conditionsof the non-prosecution, especially of the Article142of the Criminal Procedure Law. Secondly, strengthenthe system of the Procuratorate’s guidance to the investigation organ in the evidence obtaining and improvethe case working quality. Thirdly, establish the quantitative standard for the non-prosecution and detail thejuridical explanations on the non-prosecution for corruption related cases. Besides the five circumstancesof the non-prosecution, the guidance for the non-prosecution for familiar crimes can be enacted. Fourthly,enhance the restriction and supervision of the procedures for the non-prosecution cases. Fifthly,moderately extend the application areas for the conditional non-prosecution. Sixthly, build the scientificevaluation system for the procuratorates and change the improper practice to low the non-prosecution rate.