Study On Non-prosecution Discretion Of Procuratorate

Non-prosecution discretion is the important core power of procuratorate, and also theimportant component in China’s criminal Procedure Law. The exercising of such powerwould not only be closely related to the destiny of criminal suspect, but also haveimportant influence to the process and conclusion of criminal procedure. Taking newcriminal procedure law as perspective and non-prosecution discretion as research object,and referring to aspects such as the legislation system, judicial status and relevantsupervision and restriction of non-prosecution system of Anglo-American Law System andCivil Law System, this paper proposed suggestions on perfecting China’s criminalnon-prosecution system targeting at problems existing in China’s Criminal Procedure Lawconcerning non-prosecution discretion of procuratorate, especially problems of categoriesof various non-prosecutioanns and supervision and restriction. It is expected to sufficientlyexert the value of non-prosecution discretion system via better applying non-prosecutiondiscretion in practice.