Free Evaluation Non-Prosecution In China

The System of Free Evaluation Non-Prosecution, a product of the doctrine of free evaluation prosecution in modern law-ruling countries, was an important part of Criminal Procedural system. The system was one item which conformed to the development and the direction of the free evaluation prosecution, and it was applied into criminal judicial practice in the world wide.Free Evaluation Non-Prosecution, by its nature, is a procedural disposal. The Criminal Procedural law had conformed Free Evaluation Non-Prosecution already, however its value had not been fully opened out owing to some mistakes in the judicial practice which were caused by its non-specific regulation and some other unreasonable relative system.As a result, it was necessary to deeply study its problems in practice so as to enhance the system in maintaining social stability and protecting the legitimate rights, interests of citizens, improving the efficiency of the proceedings, and other aspects of a greater role.This paper could be divided into five parts.In the first part the author introduced the general meaning of Free Evaluation Non-Prosecution. The basic introduction of its concept, nature, classification and drawbacks was a valuable basis for identifying the difference with other countries and deeply studying the defects of our present system.In the second part, the paper discussed the theoretical basis and value of the Free Evaluation Non-Prosecution. The theoretical basis of Free Evaluation Non-Prosecution contained "right to discretion over Non-Prosecution", "the free evaluation prosecution", "penal modest and the criminal policy of tempering justice with mercy". The significance of Free Evaluation Non-Prosecution lied not only in helping and rebuilding the criminal suspect so as to construct The Harmonious Society; in cutting down the criminal justice cost, enhancing Judicial effectiveness and protecting the basic rights of parties, but also in implementing the policy of tempering justice with mercy and embodying the value of penal specific provide condition.The third part,the forth part was concerning the present states of the system of Free Evaluation Non-Prosecution. On the basis of analysis of the legal provision of Free Evaluation Non-Prosecution and introduction of the restriction and other problems of it, the author introduced the legislation actuality of other countries in order to show examples using for reference.In the fifth part, the paper gave some ideas of perfection of the system .This is the most important part of the paper. The author synthetically analyzed the problems and flaws showed in the third part. According to the present situation and legislation actuality of China, The author provided several advices for improvement and enhancement as follows: broaden the scope of Free Evaluation Non-Prosecution, intensified the internal supervisory and circumscribing mechanism, simplified the procedural rules of application, made a clear definition of the alternative measure for prosecution and clearly stipulated conditional prosecution toward juvenile delinquency.