Study On The Litigation Of Non-prosecution Review System In China

The procurator’s prosecutorial discretion power is the most core power ofprosecuting agency，including crime accusing and non-prosecution. In the revisedcriminal procedure law in2012，not only prosecuting agency’s judicial proceedingtermination powers such as absolute non-prosecution，relative non-prosecution，andundecided non-prosecution were reserved，but also the discretion power of conditionalnon-prosecution was added，which made a higher request for procedural democracy，procedural civilization，and procedural openness.Under the criminal policy combiningpunishment with leniency，as the prosecuting agency’s non-prosecution discretionpower enlarges， how to strengthen the restriction and supervision overnon-prosecution discretion power has become a new subject faced by non-prosecutionsystem.Over the past years，the process of prosecuting agency’s non-prosecution reviewand decision was strongly administrative，without openness or transparency，thuseasily causing the public’s doubt about its fairness. Therefore，it is essential to reformChina’s non-prosecution review system.As the reform exploration of non-prosecutionreview system which has been tried out for more than ten years，the non-prosecutionopen review system strengthens the litigation， openness and fairness ofnon-prosecution decision link to some extent. In current judicial system，China’sreform for non-prosecution review system should be carried out by following the wayof “relative rationalism”，i.e. technical improvement for China’s non-prosecution public review system should be made，so as to gradually achieve the litigation ofChina’s non-prosecution decision procedure.This paper proceeds from the basic theory of the litigation of non-prosecutionreview system and adopts the method of comparative research，to demonstrate thenecessity and feasibility of litigation reform for China’s non-prosecution reviewsystem.Based on observing and analyzing the current status of China’snon-prosecution review system， it learns from continental law system andAnglo-American law system representative nations’ experience of non-prosecutionrestriction system to put forward a preliminary idea of carrying out litigation reformfor China’s non-prosecution review system，in the hope of gradually achieving thelitigation of non-prosecution decision procedure and making non-prosecutiondecision process more open and transparent through the litigation reform fornon-prosecution open review system.