An Empirical Study On The System Of Non - Prosecution Of Duty Crime

As China is currently in the period of transition, all kinds of duty crimes emergein endlessly. According to China’s laws and regulations, the duty crimes should beinvestigated and prosecuted by procuratorial organization. However, due to theparticularity of subject in the duty crime as well as other reasons from legislative andjudicial, the situations that some procuratorial organs abuse the non-prosecution rightand make non-prosecution processing to the crime suspect who should be prosecutedare exist in juridical practice. Therefore, the rate of non-prosecution in duty crimes isvery high in common. This not only damages the judicial authority and thegovernment reputation, which are against the fairness and justice, but also is bad forthe corruption-against to move forward. Therefore, to ensure the prosecuratorialorgans practice the non-prosecution in a reasonable way, the following measuresshould be taken at the present. For instance, refining the non-prosecution applicablestandards; practicing the prosecution guiding investigation system; improving theprocuratorial committee system; carrying out the people’s supervision system andstrengthening the social supervision by non-prosecution hearing system.This article besides the introduction and conclusion, the main text is composedof four parts.The first section is the empirical research part. The duty crime cases which weredone by X city high procuratorate and the primary procuratorate in South from theyear of2007to2011as the research object. This paper statistics the numbers of publicprosecution and non-prosecution; the types of non-prosecution; the cases whichcompulsory measures were taken and the surrender situations. Also, I compared therate of non-prosecution between ordinary criminal cases and the duty crime cases. Asa result, we conclude the characteristics of the duty crime non-prosecution system injudicial practice based on the series of data analysis.The second section analyses the abuse of non-prosecution in duty crimes will cause serious social hazard. The serious social harmfulness mainly displays in threeaspects. Firstly, the judicial authority and the government reputation will be damagedwhich can lead to the declining of the government and judicial credibility. Secondly,it’s a violation of the principle of equality of the criminal laws. Some duty crimesuspects enjoy the special rights undeservedly. Thirdly, it’s bad for attacking andpreventing corruption and the deterrent effect of law can’t be played.The third section analyses the problems of the duty crime non-prosecutionsystem at the present, which including the disunity of applicable standard ofnon-prosecution, the connection between prosecution and investigation is not strongenough, the people’s supervisor system does not play a role and the social supervisionmechanism for the non-prosecution is not well organized. These problems lead to theabuse of non-prosecution discretion in some judicial practice. These not only condonecrime, but also damage the dignity of laws.The forth section analyses how to improve the duty crime non-prosecutionsystem. According to the problems in this system, the improvement should be done bythe following aspects. Firstly, by refining the applicable standards of non-prosecution,we can make sure the duty crime non-prosecution with more specific criteria.Secondly, to ensure the quality of self-investigation cases from the source and reducethe non-prosecution cases because of low quality, we should practice the prosecutionguiding investigation system. Thirdly, improve the procuratorial committee system.Fourthly, by implementing the system of people’s supervisor to make the supervisoryrole fully played. The last point is strengthening the social supervision bynon-prosecution hearing system to keep the duty crime non-prosecution case moretransparency.