It Is To Protect The Rights Of People Not To Prosecute

With the development of economy, people’s living standards improved, so did the social crime rates. The emergence of the Purpose of penal theory changed people’s understanding about penalty in about1820s, which resulting in people’s reconsider on the purpose of punishment. It was found that the purpose of penalty has extended to education and warning from just punishment, and the function of penalty is also turning from general prevention to special precautions. However, changes in the penalty function do not prevent the increase of crime rate, nor is the most effective way to govern crime, the rise of crime rates hindering the social development greatly. The current society cares about efficiency. In order to control crime, and to meet the needs of efficiency at the same time, the non-prosecution system is the best choice. Non-prosecution system is a system that Public Prosecution Service will not made to the judicial trial litigation decisions for those who doesn’t commit a crime, should not be held criminally responsible or does not meet the statutory conditions for prosecution of criminal suspects because of insufficient evidence.In order to meet the goals of Individualization of criminal penalties and Economization of litigation, Code of Criminal Procedure modified in2012and a range of matching requirements made a great reform on the non-prosecution system, expanding the scope and clearing the conditions applying for it. It could be said that the modification of the non-prosecution system promote the building of a harmonious society in China, maintain the respect of law, defend the rights of parts in criminal suits, and conducive to the realization of the tasks and purpose shouldered on the criminal law and procedure.However, the non-prosecution system is still not perfect after the modification, which is exposed in judicial practices. This paper analyzes how the Code of criminal procedure in both legislation and judicature violates the rights of people not prosecuted in a penal suit from these people’s point of view. This paper is divided into three chapters. The first chapter introduces the status of the rights of people who are not prosecuted. Some measures to protect the rights of people not prosecuted in Germany, Japan and the United States nowadays is produced in the second part. And in the third chapter, I will provide some settlement mechanism to solve the problem in chapter I.