Prosecution Of The Doctrine Of Our Country At The Discretion Not To Prosecute The Institutional Research

The doctrine of free evaluation prosecution has been accepted by many countries all over the world. And it is reflected by many forms of systems of non-prosecution by free evaluation. For some historic and realistic reasons there are many differences in the adoption of this doctrine in civil law and common law countries. The common law countries treat the doctrine of free evaluation prosecution as a fundamental principle. The civil law countries treat this doctrine as the necessary supplement of the doctrine of legal prosecution. These differences are mainly reflected by the scope of the non-prosecution and the procedure of the restriction and remedies. This doctrine has profound foundations. This doctrine reflects the goal of penalty which transforms from revenge to prevention. And it reflects the unavoidable existence of free evaluation in criminal proceedings, the needs of the safeguards of human rights, the pursuit of the efficiency of lawsuit and the common benefits. In our country the system of free evaluation non-prosecution endows the prosecutors with the right of free evaluation. This means that our country agrees with the doctrine of free evaluation prosecution. But this system still has many flaws. For example, the scope is too narrow and the operation of this system lacks transparency and the system of restriction is unreasonable. So we should learn the excellent and successful system and consider our realistic situation and improve the system of the free evaluation non-prosecution. This article suggests that we should widen the scope and the conditions, construct the hearing proceedings, re-establish the means of remedy.