Research On The Perfection Of Non-Prosecution System

The non-prosecution system has been further perfection in the amended criminal procedural law of 2012. And this represent the system is in a positive direction toward development. But, this amendment does not completely enough to resolve all the problems in the non-prosecution system. There is still a series of problems:The applicable scope of discretionary non-prosecution is too principle. For conditional non-prosecution its applicable candidates and scope are too narrow. These lead the prosecutor’s discretional power can not be fully acted. The parties of non-prosecution cases should have an equitable relief. When the parties do not accept the non-prosecution decision, his appeal is still investigated in the prosecutor’s offices. And there is not a neutral judicial ruling authority to review the appeals. The setting of the transformation from the public prosecution to private prosecution is not reasonable. Self-investigative power of the prosecutorial organs is lack of effective supervision. So, the amended law should be examined in practice and promote non-prosecution system integrate into our social conditions.For the applicable scope of discretionary non-prosecution should be clear and detailed but not ambiguous. The applicable candidates of the conditional non-prosecution can gradually included elderly and slight injury case defendant. And the applicable conditions should be clearly defined as "may be sentenced to imprisonment under three years". That is mean to open the main scope of the application without limiting the types of offenses and crimes. We can benefit from compulsory prosecution of Germany and quasi-prosecution of Japan to establish a judicial review procedure with Chinese characteristics. According the procedure justice, the victim and the non-defendant should be given the equal rights. We must abandon the point of protecting victims is more important than non-defendant and give them the same or equal approach to protect their rights. Make sure that the People’s Supervisor System is really plays the supervisory function to the judicial power, we should establish its independence, enhance its effectiveness of supervision and strengthen legislation to build its authoritative.