Study On The Restriction Mechanism Of Non-prosecution

Since the principle of separation of the prosecution and the judiciary was constructed and modern public prosecution system appeared, each main nation constructed non-prosecution system. Due to the deficiencies of legislation and system setup, the restriction mechanism of non-prosecution has many shortcomings in practice in our country. By introducing an overview of the restriction mechanism of non-prosecution, seeking the experience and practices from the legislation and practice in the main countries overseas, and analyzing the current situation of restriction mechanism of non-prosecution in our country, I finally propose my suggestions on how to further improve the restriction mechanism of non-prosecution in this paper. The full text contains a total of four chapters, divided into introduction, content and conclusion three parts.ChapterⅠ:An overview of the restriction mechanism of non-prosecution:define the accurate concept of restriction mechanism of non-prosecution, clarify the character of the restriction mechanism of non-prosecution, summarize the the value of restriction mechanism of non-prosecution and demonstrate the legal basis of restriction mechanism of non-prosecution.ChapterⅡ:Compare with and get inspiration from the restriction mechanism of non-prosecution in sevral representatives both in Anglo-American law system and the system of civil law:introducing and making comment on the representive sustem of these countries.ChapterⅢ:The status quo and deficiencies of restriction mechanism of non-prosecution in our country:analyze the situation of restriction mechanism of non-prosecution and point out the existing shortcomings.ChapterⅣ:Exploration on the restriction mechanism of non-prosecution in the judicial reform. Introducing some reforms to the restriction mechanism of non-prosecution:the system of public prosecutor case-in-chief and the people supervisor system and making comment on them. Chapter V:The improvement of restriction mechanism of non-prosecution in our country:using the experience of other countries for reference, propose several suggestions to improve the restriction mechanism of non-prosecution based on the situaion in our country.