Study On Non-Prosecution System

At the discretion not to prosecute the system is a very important system in thecriminal proceedings. With such values as fairness, efficiency and order. This system ofjustice, to expand the discretion of the prosecutor and efficiency of the proceedings ofgreat significance. The1996Criminal Procedure Law of the People’s Republic of China(hereinafter referred to as the Code of Criminal Procedure "), established in section142(2) system at the discretion not to prosecute. China after the2012amendments to theCode of Criminal Procedure173, paragraph2, of the1996Code of Criminal ProcedureArticle142(2) the full text retention requirements. Although the legislation provides fora corresponding system, and revising and improving gradually, but in judicial practicein China at the discretion not to prosecute the system there are many defects, theapplicable rate is very low. Of rising crime rate, relatively limited judicial resources.Therefore, in-depth analysis and research at the discretion not to prosecute the systemhas a very important theoretical and practical value. To explore the basic principles ofthe system at the discretion not to prosecute, the corresponding system of foreign aswell as China’s current situation analysis and system improvement, caused widespreadconcern, in order to promote our country at the discretion not to prosecute the systemstep-by-step development and improvement.The first part of this article discuss the basic principles of non-prosecution system.At first,it described legal nature of non-prosecution system; then analyzed theapplication of non-prosecution system, from the application subject, the applicationconditions and the legal consequences; at last the article reseach on jurisprudence valueof non-prosecution system from three levels: the basic principles of penalty individualtheory and theories of human rights and economic efficiency theory, the principle ofpublic interest and good faith and openness and so on.The second part is try to discuss non-prosecution system of foreign countries,analysing non-prosecution system in UK and USA which belong to Case Law System;and analysing non-prosecution system in Germany and Japan which belong to continentLaw System, then summarize and compare the difference of non-prosecution amongthe four counties.The third part of the text is to analysis the non-prosecution system of our country,mainly from two aspects of the historical origins and current situation of non-prosecution system. The current situation of non-prosecution system has manydefects,which include range is narrow, applicable rate is low, the procedures arecomplicated and lack of transparency, relief mechanism is irrational.The fourth part of our country at the discretion not to prosecute the improvement ofthe system is the focus of the article. The corresponding system of conducting foreignmissions and analysis of the status of our country run on the basis of our country at the discretion not to prosecute the system perfect from perfect entity, procedural reform andvictim relief system analysis and research to expand at the discretion not to prosecutethe scope to simplify the procedures at the discretion not to prosecute, the establishmentof the hearing system at the discretion not to prosecute, the establishment of the victimsof judicial review claims, and improve the criminal appeal rights for the benefit ofvictims, improve the victims of private prosecution relief system, a few feasiblesuggestions.