Not To Prosecute System

The intention of this thesis is to further elaborate the system of the prosecutors' power not to initiate a prosecution in criminal proceeding, one of the fundamental systems established in the present criminal procedure law of China. By researching its history and evolution in Chinese criminal justice system, the thesis analyses the characteristics, types and conditions of this system, gives its appraisals from a perspective of its rationale and the value of lawsuit benefit, and presents the current problems existing in the legal rules and judicial practice. In view of the fact above in the practice, the thesis from a perspective of economic lawsuit offers suggestions to perfect the current system, including expanding the prosecutors' discretionary power not to initiate a prosecution to more cases, reducing the conditions not to initiate a prosecution, reforming the procedures to make decisions, and strengthening the restriction mechanism. In the end, the thesis suggests a system of not to initiate a prosecution bargaining to complete the system in order to keep balance between the contradictory values.