A Study On Defects And Improvement Of Chinese Criminal Procedure Of Relative Nol Pros System

It is a premise condition to clarify the conception of relative non-prosecution system, with great realistic significance to apply it to relative non-prosecution system appropriately. Through empirical investigation of Changsha City Yuelu District applying relative non-prosecution system specific situation, we have discovered the following defects with using the relative non-prosecution system:First is the narrow scope of application; The second is that the suitable standard fuzzy; The third is to restrict a mechanism diseased; The forth was not prosecuted due rights can not be guaranteed; The last is the cumbersome procedures. Relative non-prosecution system flawed for three reasons:first, the value system of relative non-prosecution is insufficient of understanding; secondly, the criminal justice conceptions are outdated; three is the procuratorial organs of the rigid mechanism. China's relative non-prosecution system should be approached from four aspects:first, clear relative non-prosecution system applicable scope and standard; second, to streamline the approval process and perfect restrict appraisal mechanism; third, establish and improve related system; finally, changes in the law enforcement concept and improve the quality of the prosecution.