The Statement Of Reasonable Expansion On Non-prosecution Direction In China

The Criminal Procedure Law of the People's Republic of China, amended in 1996, has abolished the exemption from prosecution system, and brought the reasonable elements of the exemption from prosecution into the non-prosecution's scope, that has expanded the scope of the non-prosecution case. And the provision has ruled that there are three kinds of non-prosecution, Legal Non-Prosecution, Failure-of-Evidence Non-Prosecution, Discretionary Non-Prosecution. Based on the Doctrine of Legal Prosecution, the range of the Prosecutor's discretion not to prosecute is narrow relatively, it should be clearly defined by law that non-prosecute discretion could be expanded properly. Non-prosecution Discretion is one of the ways for the Prosecutor to adopt his discretion power. It will be the determinant element to decide whether the case will go into the criminal trial procedures or not. Full and reasonable exertion of non-prosecution discretion is good for the achieving of the criminal proceedings' ultimate goal, which is to control the crime. It proved by the practice that the special prevention of non-prosecution is better than suspension, it's conducive to control the crime. In the current society which we promote the people-oriented, is under the premise of adhering to the principle of legality, non-prosecution discretion considers the circumstances of the case fully, and weighs for the affected social and public interests by the prosecution or non-prosecution, thereby it can realize the justice in specific cases, it's conducive to achieving the purpose of criminal proceedings and more humane. Meanwhile a certain number of cases are outside the filter of the trial proceedings, not only the workload of the trial and the prosecution can be reduced, but also the parties' lawsuit stress will be relieved, and it is conducive to improve the lawsuit's efficiency and reduce the litigation costs, so it will help to save litigation resources It not only possess the value for improving the efficiency, but also will achieve greater social justice. However, if lack of appropriate constraints, it will be easily lead to the abuse of the discretion of prosecutors, so lead to judicial corruption, and directly violate the fundamental rights of citizens and undermine the rule of law state, so as to prevent these negative effects, we have to establish the corresponding security constraints mechanism. Therefore, the research of the reasonable expansion of non-prosecution discretion has the special significance and great Practical significance which required by the times. This essay begins at the formation history and the legal basis for non-prosecution discretion, it carries out the necessary analysis towards the formation process of non-prosecution discretion. And it compares the non-prosecution discretion Of civil law and common law countries, and analyses the reasons for the differences. Then it mainly analyses the current situation of the non-prosecution discretion and points the main problem on this topic. At last, in order to solve the above problems, the writer focus on the reform and improvement of reasonable expansion on non-prosecution direction in China.