On The Non-prosecution Of The Control Mechanism

The non-prosecution decision system is of great significance in criminal procedure ofChina.It not only restricts the non-prosecution direction but also supervises theInvestigation results of procuratorial organs.It has become an important way to limitpublic power.The non-prosecution decision system is based on the theory of powerrestraint and balance and the theory of human rights protection.It controls the crimeeffectively and safeguard the lawful rights and interests of the parties.It also maintains theauthority of law and promote the litigation efficiency.There are grand-jury system andmandatory prosecution system and prospective prosecution system in civil law system andcommon law system.China should learn from them.China also set up the non-prosecutiondecision system of different kinds.But there are still some problems like relief rightsinequality and lacking of relief in advance and inadequate implementation of the lawenforcement agency.So we should set up the giving-up-prosecuting partly and the systemof protecting victim and the non-defendant.The internal supervisory in procuratorialorgans should also be established.Through these systems the non-prosecution decisionsystem will be even more perfect.