On The Criminal Prosecution System And Its Perfect

The criminal activity does not sue the system is People's Procuratorate investigates the end after the public security organ to transfer the examination prosecution the case and the voluntarily case on which investigation is complete carries on the examination, thought the crime suspect's behavior does not conform to the prosecution condition or is not the unnecessary prosecution, makes legally does not submit the crime suspect the people's court to carry on the trial, the investigation legal responsibility one kind of processing decision, is the law entrusts with the People's Procuratorate an appropriation lawsuit authority.Our country ancient times had about the thought seed which did not sue, along with its unceasing development and the consummation, our country 96 Law of Criminal Procedure had stipulated did not sue the system. Does not sue the system the stipulation to conform to the penalty individualizing criminal theory, is helpful in the penalty function realization; Is helpful in protects litigant's legitimate rights and interests; Enable the massive criminal case to obtain processing quickly, the judicial resources investment and the consumption reduces, conforms to the lawsuit benefit principle. Does not sue the system the theory basis including the prosecution cheap principle, the criminal law modest and restrained principle, in our country criminal prosecution relative does not sue the system to carry on according to the crime plot weight decides after deliberation, is one kind of 'micro crime does not report in the' significance the prosecution to decide after deliberation the system.Our country does not sue divides into does not sue absolutely, relative does not sue and leaves undecided does not sue three kinds not to sue the form, it entrusted with procuratorial agency certain freedom to decide after deliberation the power, but our country did not sue the system to exercise must receive by not the filer, the victim, the public security organ, the procuratorial agency, the people's court and the society and so on each kind of factor restriction, these restriction mechanism might guarantee the procuratorial agency obeyed the legislation goal, exercised correctly does not sue decides after deliberation the power freely, avoided abusing. But, along with the judicial practice examination, does not sue the system the insufficiency to expose gradually. In the restriction relief asthenia, the judicial practice...