On The Reform And Perfection Of China's Criminal Relative Non - Prosecution System

Relative non-prosecution system, an important part of non-prosecution in criminal proceedings, is rebuilt in accordance with the base of exemption from prosecution, and is established by using doctrine of prosecuting discretion for reference, which embodies the discretionary power of public prosecution organ with a significant law value. However, due to state simple system installation of law, the value of relative non-prosecution system has not been realized yet. Hence, it is significative to perfect legislation and practice judicature with studying on prescript and principia of relative not-prosecution system and finding out faultiness and disadvantage of state actual relative non-prosecution system.In this paper, literature and contrast research are utilized to summarize the state relative non-prosecution system in criminal proceedings and to explain its problems that exist at present and then to give it some solutions. This paper consists of four parts as follows:Partl Summary of relative non-prosecution system. The author summarizes the theory of relative non-prosecution in criminal proceedings, i.e. doctrine of prosecuting discretion through introduction of state and correlative overseas non-prosecution in criminal proceedings, and analyze the value of relative non-prosecution in four view, i.e., efficiency, penal code individualization," peccadillo and felony" and discretionary power of inquisitor.Part2 Analysis of current status of relative non-prosecution in criminal proceedings. The author analyzes the applied conditions and operational procedure of relative non-prosecution in criminal proceedings theoretically and practically, and points out the system will be limited by ambiguous applied conditions, complicated operational procedure, unilateral protection of victim and disadvantage of private prosecution changed by public prosecution, etc, which results in low efficiency in practice.Part3 Solutions of problems that exist in relative non-prosecution system. The author advises three principia to consummate the relative non-prosecution system which are procedure completely participated in, role opposed and procedure simplified, meanwhile, advises releasing properly applied conditions to the young,the old and the disabled, and releasing limitedly applied conditions for frequent but non-antagonistic cases, such as pilferage. As to the faultiness of private prosecution changed by public prosecution, this system should be canceled directly and "compulsive prosecution system" is considerable.Part4 Some complementary mechanisms for perfecting relative non-prosecution system. The author advises establishing criminal conciliation system and reprieve prosecution system based on the evaluation of several overseas complementary mechanisms.