On Not To Prosecute The Supervision Mechanism

As an essential part in criminal procedure, non-prosecution can decide the process and result of lawsuit. Thus supervision is necessary for the procuratorate, for it can terminate the process by using its own discretion. And non-prosecution supervision system has been well-established in the main countries of Roman law system, from which China should learn a lot. Therefore, based on the basic theory of non-prosecution supervision, and research on non-prosecution supervision in Germany, France and Japan, this thesis focuses on the ways of constructing non-prosecution supervision system in China.This thesis is composed of four parts with 32, 000 words.And the theoretical background and purposes are briefly introduced in the Preface.Part 1 explores the basic theories and explains the definition and nature of non-prosecution supervision system. Then it analyzes the purpose, content, subject and object of non-prosecution supervision. In order to defend the value of judicial system, the thesis claims that discretion should be supervised in non-prosecution system.Part 2 focuses on the comparative study of non-prosecution supervision system in Germany, France and Japan, for each country has formed unique and systematic non-prosecution supervision, while Common law system has not. This thesis, to some extent, provides certain approaches and trends for the improvement of the related systems in our country by the research on non-prosecution supervision system in the three countries mentioned above.Part 3 analyzes the status quo and problems existing in China's non-prosecution supervision system. Firstly, it introduces the main functions performed by the following subjects, including the police department, the upper procuratorate, the defendant, the victim, the court and the people supervisor. Secondly, it points out the defects lying in China's non-prosecution supervision system: improper supervision time, lack of precaution, ineffective supervision, and excessive supervision subjects and so on, which gives an inspiration for the system-construction of non-prosecution supervision in the next part.Part 4, the core part of this thesis, studies the system-construction of non-prosecution supervision in China. It expounds the reform and construction of non-prosecution supervision system in China thoroughly, and it proposes that the reform on the supervision subjects is the essence of the improvement of non-prosecution supervision system in our country. On the one hand, the supervisory role of the court, the people supervisor and the procuratorate should be strengthened; on the other hand, the supervisory role of the police department, defendant, and the victim should be deposed. To be specific, the thesis firstly suggests that judicial review system should be established to supervise non-prosecution, and the court should especially review discretion. Secondly, it suggests that the people supervisor system should be reformed in terms of the supervision mode, the range and time of supervision, and the efficiency of supervision so that the people supervisor system could be away from the procuratorate and work as an independent judicial and democratic power. Finally, it suggests that the inner-supervision performed by the procuratorate should be standardized.