Research On System Of Free Evaluation Non-prosecution In China

In the end non-prosecute cases in our criminal procedure most applicable to the relative non-prosecution, therefore, relative non-prosecution system has a vital role. However, due to the impact of China’s tradition of the rule of law and criminal policy and legislative flaws, this system does not get enough attention, not widely used but difficult to play to save judicial resources, to improve the effectiveness of the proceedings of the positive function.Relative non-prosecution system in line with modern criminal policy, which is conducive to safeguarding social harmony, conserve judicial resources, to protect the rights of suspects and victims, education probation function to reduce the risk of repeat offenses of criminal suspects can be protected by positive meansmaterial compensation to victims and the spirit of compensation in place, to repair damaged social relations, can be considered relatively non-prosecution system is able to achieve the organic unity of the legal effects and social effects. Procuratorial organs can not, because there are little flaws in the system and unworthy, on the contrary, it shall continue to apply to the improvement and development of China’s system of relative. At the moment, China’s criminal justice is in the tide of reform, judicial reform is imperative to improve the relative not to prosecute a restrictive mechanism appropriate to expand the discretion of the procuratorial organs, in correcting the limitations of the existing legal provisions while reasonably draw the relevant system to plug the loopholes to make it adapt to the needs of China’s political and economic development and democracy and the rule of law.This paper consists of three chapters:Chapter Ⅰ:An overview of the concept of non-prosecution system and relative non-prosecution explained the system of relative theoretical foundation, the nature of the relatively non-prosecution, as well as its positive function in today’s country, the judiciary and the rights of criminal suspects protection Perspective.Chapter Ⅱ:Relative non-prosecute the requirements and conditions applicable to the current legislation as the starting point as a reference rate to the national and Guangxi Zhuang Autonomous Region, not to prosecute the two suspects and victims perspective overview and operation of China’s system of relative status quoproblems in.Chapter Ⅲ:Realistic and difficult problems for relative non-prosecution discretion, to further improve the system of relative proposition. Improve the relative not to prosecute the scope of the existing system requires, and expand the people’s supervisor system to monitor the scope of the prosecution case, the weakening of the practice of performance appraisal considered relatively non-prosecution rate; while overcoming the relative not to prosecute the suspect, the protection not in place to bring in foreign widely applicable suspension of the prosecution system, the criminal settlement system, and their integration into the scope of Community Correction.