The Prosecution Not To Prosecute The System Study

This article introduces the historical development of the doctrine of free evaluation prosecution and the non-prosecution by free evaluation in the British and American legal system and the Mainland legal system, then summarizes the different types of non-prosecution system in the advanced countries. Considering why the doctrine of free evaluation prosecution becomes one of the most popular principles in the criminal prosecution. Based on the legal prosecution of the advanced countries , the article gives an account of the evolution for the non-prosecution system in Chinese criminal prosecution procedure: the system in ancient China, the new policies among the period of new China's foundation, and the current non-prosecution system in China. The deep level value and the judicial significance in this system are also worth considering, the conflicts of the different interests, the request of goal penalty theory, playing up to the penalty individualizing thoughts,the stability of the criminal prosecution procedure and the public interest principle, and it is advantageous to the reasonable use of justice resources as to realize lawsuit efficiency. The article analyzes the deficiency of our country's present non-prosecution by free evaluation system, obviously such system does not conform to the modern judicature idea. The writer wants to enlarge the public procurator's judgement right, build the system of non-prosecution agreed by the two parties , pefect the range of non-prosecution by free evaluation, unify the decision of non-prosecution with the non-penalty measures, so as to establish the non-prosecution system fitting to the request of harmonious society and the international tidal current. Meanwhile, the last chapter discusses the control rules for the public procurator's judgement right. Compared with the public procurator's rights, the small and weak rights of the victim and the appealed are considered to the control rules, in order to realize the harmonious interaction of the litigants.