The Probe On Prosecutor's Non-prosecution Discretion In Our Country

Prosecutor's non-prosecution discretion is an important part of discretion. With the introduction of the doctrine of sue prosecution, non-prosecution discretion has also been established in all countries and has been widely used in some countries. It has a helpful effect on protecting justice, improving the efficiency and saving judicial resources. The revised law "Code of Criminal Procedure" also has the correlative stipulation on the non- prosecution discretion but there are some problems, for example:imperfect legislation and judicial practice. Improving Prosecutor's non-prosecution discretion is a long way.This article is divided into four parts to discuss t Prosecutor's non-prosecution discretion.The first part is an overview of Prosecutor's non-prosecution discretion, defining the concept of discretion:Prosecutor's non-prosecution discretion is a power which prosecutors have rights to prosecute or not to prosecute according to their understanding and judgments when comply with the legal prosecution conditions. Meanwhile, the section also describes the value of non-prosecution discretion. The value of non-prosecution discretion are mainly in the following areas:embodying the thought of doctrine of Prosecuting discretion, maintaining social stability, embodying protection of human rights of criminal suspects, reflecting the economic value of litigation, embodying the realization of justice and breaking through the limitations of their own and other legal norm.The second part compared the regulations of discretion of non-prosecution in the two legal systems, probing into the related regulations in a comparative method, exploring the reasons of differences and special features in the two legal systems.The third part analyses the present situations of the discretion of non-prosecution and explicates its shortages in our country:the scope of prosecutor's non-prosecution discretion is too narrow and legislation is not clear; the usage rate of non-prosecution discretion is too low; the procedure of Prosecutor's non-prosecution discretion is too cumbersome, and so on. The fourth part is the improvable measures to the non-prosecution discretion, putting forward to some measures such as broadening the applying scope, establishing reprieving prosecution system, strengthening the protection of,simplifying the application of non-prosecution discretion procedures, improving the Victim's relief system, listening to the views of victims, improving the understanding of the victims and other aspects of prosecutor's non-prosecution discretion...