Non Prosecution System Research

On March 14, 2012, at the 5th meeting of the 11 th National People’s Congress had passed 2nd amendment of the Decision on Revising “People’s Republic of China Criminal Procedure Law”.After this,Chinese Criminal Procedure law has been changing a lot, for example the clause 171, paragraph 4.The above provisions compensate the deficiency of the “1996 Criminal Procedure Law”clause 140, paragraph 4, this change keeps pace with time thus can be seen as an improvement and progress on legislation. It fully embodies the presumption of innocence, criminal economy, protection of human rights and limitation of power and especially on human rights protection,which amplified the speed of building our society ruled by law. But there are still many weak points of this newly-made amendment.Such as applicable procedures, rules of evidence, control mechanism, the state compensation.The dissertation mainly focuses on the system of Non Prosecution and divided into three chapters.The first chapter discusses some of the basic theories of Non Prosecution system, introduced the concept of Non Prosecution system, as well as the difference between the theoretical foundation and related systems, while how foreign Non Prosecution system were studied.The second chapter is based on the systematically discussion of Non Prosecution legislative development system, the basic characteristics and the control mechanism and to explore the existing doubts about non-prosecution system problems.The third chapter is to address the problem, the author proposes the further improvement of the system of Non Prosecution by several assumptions: first, to develop a comprehensive, workable rules of evidences, the second one is the establishment of applicable Non Prosecution hearing procedure, the third is to progress control mechanism.