On Non-prosecution Hearing Procedures

Discretionary non-prosecution power, also called prosecution discretionary power or public prosecutor's discretionary power, originates directly from the prosecution cheapism, an option power authorized by the law and exercised by the prosecutor to determine whether to prosecute the suspect or not, relating closely to the prosecution cheapism principle.Therefore, the basic position of every country on public prosecution directly influences the attitude of the legislation toward discretionary non-prosecution power. Our country's legislation has granted the prosecutor limited discretionary non-prosecution power, meaning the acceptance of the merit of prosecution.Now the various countries' legislation and the judicial practice entrusts with the public prosecutor the power to decide the prosecution or non-prosecution. But because the discretionary power may cause the judicial corrupt, in the judicial practice, the various countries has stipulated the corresponding restriction measures on the discretionary non-prosecution power. Our country's restriction reflects firstly in the public prosecutor's interior surveillance restricts system; next in the afterwards relief system. These relief procedures on the one hand are possible to consume the massive manpower and physical resource, because of their complex procedure establishments; On the other hand, they may cause the reset of the judicial process and the waste of the judicial resources.The discretionary non-prosecution power should be restricted from the point of the procedure's operation process. Therefore, in order to consummate the non-prosecution system and display the value of it, it is necessary to improve the implementing procedure, and making the process publicly is precisely the key to implementing the non-prosecution procedure. The hearing procedure of non-prosecution, on the foundation of the administrative hearing procedure, also absorbing the advocated public principle of the modem legal system, provides relief in anticipation in fact.Hearing originally means listen to other suggestions in the legal procedure. The hearing procedure, has extremely vital significance in regarding the accumulation information, synthesizing the opinions as well as the discovering the...