Relative Not To Prosecute The Discretionary Application Of The System And Improvement

Discretion of nolle prosequi is one important part of censorial discretionary power, which is significant to assure judicial equity, enlarge the prosecutor's discretionary power, and advance litigation efficiency. On the base of abolishing systems exempting from prosecution, Chinese new criminal procedure law added opposite nolle prosequi system embodying the prosecutor's discretionary power, and formed a new kind of nolle prosequi system.The dissertation discusses Chinese censorial discretion system of nolle prosequi, and tries to seek a path correspond to our situation for better advising and perfecting this system.The dissertation firstly discusses the legal theory basement of censorial discretion of nolle prosequi, emphasizes it is a kind of prosecutor's discretionary power, and a kind of moderation application of check right in criminal process. At the same time, the dissertation compares our censorial discretion of nolle prosequi system with other country, and searches the difference for some availability experience to our reform.Secondly, the dissertation sets forth litigation value and theory basis of discretion of nolle prosequi system. The exertion of discretion of nolle prosequi not only favors to achieve the case justice, accords with sparkplugging spirit of the criminal policy of combining punishment with leniency, embodies society harmony, but also from litigation economics, the system of discretion of nolle prosequi is propitious to save litigation cost, advance litigation quality and efficiency, make criminal suspicion get education and rebuild so as to regress them in society earlier.Thirdly, the dissertation analyzes the bug and lack of discretion of nolle prosequi system in our current criminal process law, including narrow scope, numerous operations. At the same time, in justice practice, discretion of nolle prosequi system has not bring into play its function, including current spirit problem in executing the law, artificial control rate of nolle prosequi under the administration manage mode, trivial process in make decision and ambiguity in running the duty, lack of supervising and restrict system. The dissertation ascertains deeply the reason of flaw in discretion of nolle prosequi, and makes the countermeasure have more pertinence.The dissertation designs the countermeasure for reforming and perfecting the discretion of nolle prosequi system. It insists the system must be perfected, and puts forward correspond reform policy in allusion to above flaw, such as enlarging the scope of non-prosecution right, constructing criminal reconciliation system, building system of non-prosecution of additional conditions...