Empirical Study On Discretionary Non-suing System

The regime of discretion not to prosecute is established for adapting to the needs ofcancellation of immunity from prosecution, after more than ten years of practice, we foundthat this regime has some problems whether in legislative or practice, I analyzed the practicematerial, and discussed the problems and the reasons of the regime of discretion not toprosecute, then I proposed a reform to improve the regime of discretion not to prosecute.This paper is divided into three parts. The first part introduces the concept of the regimeof discretion not to prosecute theoretical foundation, functional; from the legislativeprovisions and judicial perspective, the second part analysis the regime’ problems and theircauses in the practice; By the macro thinking of the regime, the third part discussed how toimprove the regime of discretion not to prosecute from the legislative, judicial, supportingmeasures.