On Perfection Of The Restriction System Of Non-prosecution Discretion In China

In order to build as soon as possible into a socialist country which under the rule of law in our country, and according to the criminal procedure law of development and trend in recent years, Code of Criminal Procedure were further refined accordingly in2012.The revised standard and restrict the state power, and indicate the"respect and safeguard human rights" into the task. Although the revised Criminal Procedure Law is significant progress in many aspects, a large number of the relevant provisions of the prosecution system inherited deficiencies in the old law, there is no clear and the discretion not to prosecute restriction system. As the non prosecution discretion is the core of no prosecution system, which can not only lead to the termination of the activities of the Criminal but also related to the maintenance of the vital interests of the litigants and the judicial authority. Therefore, the supervision and control of the no prosecute system must in accordance with the non prosecute discretion, both follow the basic requirements of the universal principle of "rule of law" is also in line with "to prosecute the legal doctrine, adopting both the prosecution supplemented by the doctrine of legal basis. My topics are base on the theoretical of no prosecute discretion, analysis from the point of view of positivism, explore the crux of the discretion, and propose to built Chinese characteristics restraint system of no prosecute discretion.Besides the introduction, the essay is divided into four parts, the first part of the theoretical issues of the Non-prosecution discretion restriction system, mainly including the definition of the theoretical basis and value analysis. The second part of typical civil law countries. For example,Germany,Japan,France, the constraints of non prosecute discretion are introduced. The third part starting from the perspective of China’s procuratorial system, the judicial system and the parties, to reflect the current prosecution discretion and restriction system.The fourth part is the design build our restriction system of non prosecute discretion, which based on the judicial, procuratorial and national People’s Congress three organs. At last, form the courts, prosecutors, the national People’s Congress "trinity" of science, rigorous, and effective restriction systems.