Perfection Of Relative Non-Prosecution System

Relative not to prosecute criminal lawsuit system is an important part .Along with the development of the socialist prosecution cheap, and the world, many countries have established a relative not to Sue system. Our country in 1996 after modification criminal procedural law" have set up relative not to Sue system. Relative not to Sue system and the immunity from prosecution system before compared with many progress in judicial practice, to play a positive role. However, relative not to prosecute the legislation is not clear, the applicable rate is too low, the applicable procedures such complicated features have not too conforms to China's current judicial practice and the criminal policy of tempering justice with mercy. Face a criminal crime is increasing year by year, judicial resources, focus on the present situation of the relative shortage judicial resources fight social harmfulness larger vicious crime become an important task of the judicial organs. It is necessary to perfect the relative not to Sue system, to those if the circumstances are minor criminal case diversion of appropriate, it saves judicial resources, improving the efficiency of lawsuit and realize the maximum judicial justice. In this paper, the author through case analysis and empirical analysis to the way of the combination of the sums up the relative not to Sue system in our country some problems in this field, on the basis of the analysis of the relative puts forward the prosecution some superficial ideas.This paper is divided into three parts. The first part is the introduction of the basic situation of the case. Mainly introduces a pei rape and LiuMou causing traffic of the basic fact in judicial organs and the processing results. In the second part of case study in China is put forward on the basis of relative not to prosecute the problem existing in the system. The case of the reaction in China not to prosecute the relative problems existing in the system basically has: relative not to prosecute the legislation is not clear, relative not to Sue applicable program too trival, relative not to prosecute the victim's right of not being fully guarantee the program participation, the victim has not been fully guarantee and prosecution of private prosecution indictment program defects in 5 aspects. The third part according to our country's legislation present situation and the judicial practice in our country, puts forward the relative not prosecution some proposals. Refinement of relative non-prosecution from the legislation applicable conditions, simplify the procedures for the application of relative non-prosecution, such as the three made a perfect suggestion. At the same time, in my view, to change the present situation of China's relative non-prosecution applicable rate is too low, improving on the basis of the above, also cancelled the artificial constraints on the rate of non-prosecution, litigation was not the only way to achieve relative legislative intent.