Criminal Prosecution System Research

The system of non-prosecution is criminal non-prosecution and system itself other relative for concrete system, which consists value and classification of non-prosecution, applicable condition and restriction mechanism of non-prosecution and so on. Our country is in transitional period of criminal procedure law now. The construction and consummation of non-prosecution system is with great signality to change unification penalty view and turn from the purpose penalty to the education penalty theory, it is also important to manifest"human thought, education thought"the primarily penalty new idea. This is basic requirements of procuratorial work in the transition period and is requirement and embodiment of development of the criminal policy. As an important legal system,the system of non-prosecution is a part of the System of Criminal Procedure Code. It has the prominent status in our country criminal activity judicature practice. It concerns the crime suspect's destiny and affects the criminal prosecution progress and the conclusion. Non-prosecution can be divided into three types, the system aims at absolute, relative and non-prosecution with doubts. Because it has the function of divergence and filter, it is the judicial institution's common choice in every country when the higher crimes, the in-creased crime types, the tedious lawsuit procedures and the low efficiency are faced. It is one of the basic system that the current criminal procedure law of our country establishes not to prosecute the system criminally, because the tradition governed by law is different from historical origin,have not used extensively abroad far in our country. And because system itself establishes on some faults as well as in the concrete operation deviation, the intrinsic value of criminal non-prosecution system to be unable to obtain the full realization.Non-prosecution is a decision that the appeal institution makes not give investigates the punishment according to its authority, it shows that procuratorial agency's certain freedom decides after deliberation the power, is in the procedure punishment, but in the non-entity punishment, it meant the criminal prosecution procedure the termination, the termination lawsuit legal effect is relative.Non-prosecution system realizes the legal effect and the social effect organic unification, was advantageous reduces again in the crime rate is helpful to the judicial resources reasonable use and the lawsuit efficiency realization, conformed to the modern criminal activity policy, was advantageous in safeguarding litigant's legitimate rights and interests. Therefore, does not sue should not limit, but is must develop and the consummation.Has not compared the inspection, does not have the development and the progress. Certainly, compared with the research goal, is in no way thought wants the simple transplant overseas not to sue the system. Engages in scholarship is not unnecessary"the word to have to discuss Europe and America", but regarding the legal regime perfect country model is extremely important, divorces oneself from reality, is conservative and complacent does not favor the academic considerable development. Two big legal system country criminal activity does not sue the system while to entrust with the procuratorial agency to have does not sue the decision-making power, also established correspondingly has sorry sues the authority the restriction and the relief.It shows that there are many questions that exist in the system of non-prosecution of our country's judicature practice by analyzing our country criminal activity. It is opposite other countries of the world that our country's criminal activity does not sue is suitable rate too is low, does not sue makes the procedure tedious also lacks the transparency, the restriction mechanism establishment is not thorough, as well as the procuratorial agency has not enjoyed suitably does non-prosecution decides after deliberation the power freely.During the perfect process of non-prosecution system, we should consider the real situations in China and should not ignore the advance of the notion just because of that. Author's overall mentality is the applicable scope which must the gradually enlarge non-prosecution, simultaneously speeds up sues the system the lawsuit advancement. Decides after deliberation the power freely while the suitable expansion procuratorial agency, in order to guarantee the restriction mechanism which its rational operation needs to consummate does not sue, forms the suitable effective control. The trust, will non-prosecution system to play a more vital role in our country criminal prosecution institutional frameworkIn brief, present non-prosecution system from our country the total frame is the science, reasonable, the content stipulation is also comprehensive. In order to adapt our country political and economic development, the need of democracy and legal construction, should handles a case the present situation which the institution is unable to withstand the load, the atonement presently to the criminal case succeeding in the imperial civil service examinations situation non-prosecution system the limitation, we must in summarize in the foundation which oneself experiences, the reasonable model, simultaneously examines presently non-prosecution system the flaw, explores unceasingly reforms our country not to sue the system the new way, causes it in the effective attack crime, the maintenance social stability, protects the citizen legitimate rights and interests, enhances the lawsuit efficiency aspect, plays the major role.