Non-Prosecution System Research

The Non-Prosecution System, one of criminal prosecution basic systems, is rich in connotation and has relatively independent lawsuit value. As the conflict between the increasing number of criminal offences and the limited resources of judicature has been serious increasingly and the current Criminal Procedure Law needs to be revised, the research on the Non-prosecution System not only conforms to the world trend that the theory of criminal penalty oriented on purpose is conversing to the theory oriented on education, but also consists with the guidance of principles of protection of human rights and economic and efficient lawsuits.But the current Criminal Procedure Law stipulates the Non-prosecution System relatively simply. The range where statutory non-prosecution can be used is pretty narrow; the law legislation of relative non-prosecution is unclear; there are contradictions between the law expressions about non-prosecution with insufficient evidence. All these drawbacks have been the obstructions to the realization of the value of the Non-prosecution System. In addition, it is complex to make the decision of non-prosecution. And the office of public prosecutor tries to low the number of non-prosecution, which leads to the low relevance factor of the non-prosecution system. In this thesis, through interpreting the concept of non-prosecution, differentiating and analyzing the classification of the cases of the non-prosecution, studying the theory basis and value concept of the non-prosecution system and having investigated the history and development of the non-prosecution system at home and abroad, the author puts forward some reforming proposals that are in the view of the existing problems of the Non-prosecution System in our country. First, in legislation the range and situation where the Non-prosecution System can be used should be extended appropriately. The standard to determinate the application of the non-prosecution should be added. New type of non-prosecution system with addition condition should be established. Then in the practice the procedure of non-prosecution should be simplified, at the same time the non-prosecution hearing procedures should be established. Accounting supervision system aiming at prejudgment judger system should be set up. The remedy system of the rights of victims and people unprosecuted should also be completed. All these reforming proposals are aimed at reestablishing the non-prosecution system, and making it function in the judicial practice, which is wished to make a modest contribution to the development of the criminal proceeding theory and the coming promulgation of the new "Law of Criminal Procedure".