Relative Non-prosecution System Research

The criminal non-prosecution system in China is a kind of people’s exercise of the right ofpublic prosecution on behalf of the country one behavior pattern, Looks over the modificationprocess of our country Law of Criminal Procedure, on behalf of the State Procurator for theexercise of the powers of public prosecution for criminal power of non-prosecution system in aconstantly changing. Until2012, the criminal procedure law on the criminal non-prosecutionsystem structural perfection, both enriched the connotation of non-prosecution cases, adding newtypes of non-prosecution. Though structural adjustment and regulation of non-prosecution system,more sophisticated non-prosecution system of our country. In judicial practice, however, Statutorynon-prosecution and insufficient evidence no prosecution have little difference in practice, andrelative non-prosecution in practice is subject to a variety of questions, Qualified non-prosecutionsystem before being included in the new criminal procedure law, in some parts of the prosecutionauthority carried out a qualified exploration of non-prosecution system, but still in the explorationstage is not the actual running phase. To study this article on relative non-prosecution system, fromthe theory, practice, and relative non-prosecution system of extraterritorial aspects such as analysissummary, on relative non-prosecution system in China made a number of observations andrecommendations, although idea may be limited in view of the level of this author, are not matureenough, still had the place shortage, but the author expect the fill effect of relative non-prosecutioncases, conditions of relative non-prosecution application of strict norms on the other hand, toprevent abuse of the right of free.This article first part is study on relative non-prosecution system, analysis on the type of non-prosecution system in China, which leads to concepts of relative non-prosecution system. Secondpart describes taking Ningbo as an example of the current situation of relative non-prosecutionsystem in China, in recent years, Ningbo applied analysis of non-prosecution system, concludedthat existing problems and reasons analysis. Part three through the analysis and study of relativenon-prosecution system of extraterritorial, to reference application. Part4proposed that theconsideration of relative non-prosecution system in China and suggestions.