On The Defects And Perfection Of Criminal Non - Prosecution System

The system of criminal non-prosecution, the major part of criminal proceedings, is an important content of the procuratorial organ’s prosecution function. Through the research on the features, theoretical basis and values, the article emphasizes the necessity to improve and perfect the criminal non-prosecution system. From the analysis of theoretical basis and values, the author aims to find defects suffered by the criminal non-prosecution under certain conditions, and problems of the supervision mechanism based on the theory of due process principle, also including the defects existing pre-supervision and post-supervision. To cope with these defects, relevant provisions are put forward to perfecting the applicable conditions of the non-prosecution system. The improvement of the pre-supervision subsumes a portion of issues under post-supervision, which reflects the timeliness of legal procedures. What’s more, it should further strengthen the procedure of synchronous constraints, and standardize the internal oversight mechanism, ensure the right of the victims to equally participate, exclude the possibility of the improper social subjects involving in the decision procedure, cancel the petition right of the not-prosecuted. In the post-supervision, the reconsideration right of public security should be canceled, but bring into the prosecution system to protect the victims’ relief right. Through these measures, the non-prosecution system will be more perfect, and the procedure more legal.