The Relative Non-prosecution System Research

Relative system is not to prosecute the right to abandon the indictment, prosecutors in real terms is given in the review of the activities of discretion, it affects the application of the litigation in this case flow and entity processing. In China, owing to the setting up of the system itself, there are some mistakes and unreasonable, and in the judicial practice of the implementation of deviations, and its intrinsic value can not be fully realized. In this paper, learn from Chinese and foreign non-prosecution system on the basis of research results, the inadequacy of our legislation a superficial analysis of judicial practice in the use of the system done a preliminary summed up the situation, the relative not to prosecute further improve the system of their views. with a view to enhance the system in maintaining social stability and protecting the legitimate rights and interests of citizens and the efficiency of the proceedings, and other aspects of a greater role.