Not To Prosecute Discretion

It is the core of discretion that the prosecutor makes a decision not to prosecute. With the development of the criminal policies of the non-crime, the lighter punishment, the individual criminal penalties, and the establishment of the principle of the prosecution cheaper in many countries, the discretion not to prosecute that is enlarging gradually is the trend of the criminal procedure, however,a probe into the decision not to prosecute has shown mat the proportion of the cases which have not been prosecuted is very low in China. The variety of the cases is reducing gradually in recent years. The reason is that our legislation provides rough conditions for discretion not to prosecute. The prosecutors are timid even abandon to make a decision not to prosecute because of imperfect restricting relief system,unclear responsibilities and powers , the ratio not to prosecute controlled on purpose. After the analysis based on the value of procedure of the not-prosecute, an investigation about the public demand to not-prosecute, how to restrict the prosecutors to overuse their powers has been conducted among the judgers, the prosecutors and other public. The public interest should be the primary principles of the not-prosecute, to improve the system of the decision not to prosecute in China, we should learn from the experiences of other countries.