Study On The Practice Of Non-prosecution System

The new criminal procedure law will "respect and protect human rights" into criminal procedure code, which is of great significance in the development of democracy and the legal system in our country. Under the premise of the unity of punishing crime and protecting human rights, the new criminal suit has perfected the non prosecution system in our country. Criminal non-prosecution refers to situations where conditions for prosecution are not met or prosecution is otherwise not suitable, within the scope of the law to exercise discretion, a decision is made not to prosecute to the end of a system of criminal procedure.The non-prosecution system has independent legal value, and the criminal procedure law of Chinahas given its independent status, and with the public prosecution constitute the complete content of the examination and prosecution in China. Theoretically speaking, the non-prosecution system conforms to modern criminal law thought, and reflects the transformation of the retribution penalty to the objective penalty, which embodies the principle of efficient litigation and the pursuit of human rights protection. For the judicial practice, because the non prosecution system from the legislative point of view to the prosecution of some cases of non prosecution discretion, so in the judicial practice, it is inevitable that the procuratorial organs abuse power of discretion. Therefore, in the legislation and legal processes, it is particularly important to control the physical and procedural aspects, not only to ensure reasonable application of the non-prosecution system, but also to avoid excessive expansion of non-prosecution discretion, in order to make the system play its due role.With the continuous development of China’s judicial reform, the current non-prosecution system in the judicial practice is facing difficulties. The new criminal procedure law improves the non-prosecution system, but in the specific application process exists many unbalanced issues. At the same time at the discretion not to prosecute in the treatment of similar cases in the applicable standards inconsistent, there is a right of prosecution, discretion in the exercise of the power of rent-seeking phenomenon. And judicial practice for various reasons prosecutors to avoid the application of non-prosecution system is more prominent, not to prosecute the supervision and control mechanism is not complete. Through comprehensive analysis of domestic and foreign non-prosecution systems, the status quo and problems related to the Chinese system including insufficiency, this paper puts forward suggestions to improve the non-prosecution system in China, so as to achieve the economic efficiency of litigation and the protection of human rights.