Improvement On The System Of Non Prosecution For Doubt Of China

As a form of non prosecution for our country’ procuratorial organs, non prosecution for doubt has the power to terminate the proceedings in general case, guarantees the litigant’s legitimate rights and save the judicial resources. But the system design is not perfect, the judicial practice operation is not smooth, the system of non prosecution for doubt can not play its due role, as an integral part of the criminal litigation system. In order to solve the problems of the system of non prosecution for doubt, standardize operation, safeguard legitimate rights and interests of the parties, this paper will discuss how to improve the system of non prosecution for doubt in the following parts.The first part discusses the theoretical foundation of the system of non prosecution for doubt, elaborates the principle of presumption of innocence, the principle of evidentiary adjudication, the principle of litigation economy,as the theoretical basis of the system of non prosecution for doubt’s presentation and specific reasons. Highlight the key of non prosecution is the lack of evidence, it is the form of carrying out the principle of not to prosecute suspected of a crime for procuratorial organs. Non prosecution has quasi judicial nature, with both procedural breaking effect and substantive punishment. Profound theoretical basis and practical need is necessary for the occurrence and development of this system.The second part introduces the legislation and practice about the system of non prosecution for doubt in Germany, France, Britain, American etc, as representative countries of two legal systems. At the same time,this paper compares and analyzes the prosecution supervision standards of evidence, discretion not to prosecute, restriction, insufficient evidence of withdrawal related content provisions between China and other countries, in order to perfect and provide useful experience the system of non prosecution for doubt in our country.The third part points out that there are some theoretical and practical problems in China’s system of non prosecution for doubt, which prominently display in: the non prosecution decision process lacks the parties’ participating in the procedure; because of the design process is undeserved, non prosecution for doubt’s effect is disturbed; the rule of re prosecution is not perfect, and re prosecution is carried out easily.The fourth part aims at solving the problems listed above in the system of non prosecution for doubt. This part points out that the establishment of non prosecution public examination system can effectively guarantee the procedure participation right of litigants, with the people’s supervisor joining in,which can realize the supervision and restriction of the decision process of right to prosecute. To enhance the legal effect of non prosecution for doubt, this part also advises that reform the supervision system of non prosecution system, cancel the right to review the reconsideration of police organ, appeal system, standardize the withdrawal which does not suit procedure. At the same time, in order to prevent abuse of the right of non prosecution, this part suggests that restrict and perfect the system of re prosecute. At the end of this part, some advises on the victim’s state compensation are discussed, which aims at protecting the rights of criminal victims better.