On The Discretional Non-prosecution

The discretional non-prosecution is such a institution that the Procuratorial organsdon’t prosecute the suspects according to some specifically facts or reasons,which is also thereflection of discretion of the Procuratorial organs. Inspite of the concepts、meanings andthe procedures of application of the discretional non-prosecution are not entirely consistentin different legal systems, as an accepted prosecute system in most countries in the world,the discretional non-prosecution must have some common disciplines of development, thatalso ought to apply to the system of our country. So I try to find out these internaldisciplines by analyzing the system in different countries which belongs to the common lawsystem or the civil-law system, and meantime clarify the predicament and basic reasonsduring the developing of this system in our country.I investigate the common disciplines of development of this system in the first part ofthis article. Although the discretional non-prosecution has different start point and currentsituation in the two legal systems, there is something in accordance, for example, the ideaof protecting human rights, which is the theoretical support and basic value of this system,and also lay the foundation of the article.The second part is a general survey about the discretional non-prosecution of ourcountry, which mainly includes development course、applicable condition、actual status andso on. The information is prepared for an enter study of it’s defects and developmentaldilemma.I analyze the reasons of the institutional defects and developmental dilemma in thenext part, and indicate that the reform or improvement of any system has to be based on it’sown legal tradition, and which is also the point of view of this paper in practicalperspectives.In our country, reform or even the innovate in the discretional non-prosecution shouldbe made on the basis of investigation in our own legal tradition. The suspects and theaccused is the opposite of the people in our traditional view of crime. Along with theprogress of human society, the view of human rights has made great progress both ininternational and our country, and the idea of protecting human rights has been acceptedgradually by the government and the citizens. Both of them supply great chances for thediscretional non-prosecution of our own. And the attempt of reform and innovation for the convert of the tradition of legal ideas, provides us a reference yet, which forms theperspective of the forth part about how to improve it.The advice on the improvement of our discretional non-prosecution is put forwardaccording to the above analysis of common disciplines、defects、developmental dilemmasand reasons. In this part, I just construct an framework for the system, instead ofparticularizing which system or procedure of its implementation we should choose.