The Relative Non-prosecution System Research

Relatively non-prosecution not to prosecute the same statutory and doubt not to prosecute our country together constitute the non-prosecution system, Reform of the system are criminal proceedings, one of the hot topics. At the core of that prosecution must give prosecutors discretionary power. Relative not to prosecute the core content of the system is a concrete embodiment in our country, The emergence and development of it since the 20th Century are "non-penalty" and the concept of development has resulted in criminal, With the development of human society arising from scientific theory, It is necessary to consider its perfect, so that it can be fully reflected The value. This paper analyzes the existence of the system has a number of questions, And put forward my views to improve, In order to better exert its value, This article is divided into the following five specific part.The first part mainly introduces our country not to prosecute in the history of sources of thought. China ancient Legal Thought orthodox doctrine based on Dynasty, Including the "combination of etiquette" rule of morality with its priority to penalty" "bright virtue and careful punishment"," combining Punishment with leniency" etc. because the law has the characteristics of the historical continuity. Analysis required in order bettering improving the legal system. The introduction of Western legal systems began in the late Qing Dynasty. Before and after the founding of new China. Because changes in the objective situation and we need trial of Japanese war criminals. Chinese began to produce the relatively under-developed system of non-prosecution. Finally in this section, Classification and comparison of China's non-prosecution system.The second part mainly introduce the analysis of the relatively non-prosecution system and the basic value of Jurisprudence, Pointed out that the prosecution have a relatively society basic system. Prosecutions of its guiding principles are convenient doctrine. Conform to the development of criminal law and criminal policy. In this part analysis its functionality and value. Point out that the relatively non-prosecution Are the result of the development of human society existence after the class and nation. Because country needs to maintain social order, so "Indictment" for "private v." Emergence and development of its laws in line with the historical.The third part mainly introduce Status of the discretional non-Prosecution of the mainly countries in the world application. Because of the diversity of human society, Discretion not to prosecute In the development process of countries around the world are certainly different, Most of them are base on the rights of mutual constraints. The author introduces in the United Kingdom, the United States, Germany and Japan not to prosecute the relative. Along with economic development, Exchange between countries is gradually increasing, Countries learn from each other in recent years, there are emerging the compatibility trends in them. Based on The former text of the introduction of China's ancient legal foundation, The rule of law on the development of these countries to review. With a view to the reform of the system at the Science Building To fully integrate China's national conditions, we should get foreign countries' long and abandon its short, Gradually improve the system of relative non-prosecution that adapt to china's legist.The fourth part mainly introduce Presents the situation of discretional non-Prosecution system in our country. build up and gradually improve the system of the Postpone Prosecution, Cancel "Indictment" for "private v." Gradually set up a system to suspend the prosecution, Set up non-Prosecution hearing system, With a view to its legal system and the value function can be fully exert.