Research On No Prosecution Discretion

Not to prosecute discretion is an important power of pro-curatorial organs,The most direct means prosecutor between prosecution and not to Sue had the power of free choice,This power will directly decide whether the proceedings to continue,and it will be related to the vital interests of the criminal suspect.In this paper, procuratorial organs prosecution discretion not as the research object, studies the connotation and its amazing v. discretion theory origin, research compares the system of Anglo-American law system and continental law system not to prosecute discretion the similarities and differences as well as in 2012, the revised criminal procedure law of our country sorry cause the improvement of the discretion.2012 criminal procedure law elaborated the question not to prosecute the applicable rules,In the proceedings of minors added conditional not to Sue system,After the settlement not to Sue.However, our country not to prosecute discretion system still exist some shortcomings and loopholes,On laws and regulations, judicial practice, and there are a lot of problems on the supervision,Its not fully applicable in our country.The author thinks that,Starting from the situation of our country, it is necessary to solve these problems from the following aspects to further perfect the system of prosecution discretion.One is the combination of the criminal policy of tempering justice with mercy to strengthen legislation, appropriate widen the scope of not to Sue;Second is to improve the discretion not to prosecute supervision and restriction mechanism, perfect the pro-curatorial organs internal supervision mechanism, establish the judicial hearing screening process, adding external judicial oversight, improve the people's supervisor system, start the social risk investigation procedure, fully protect the interests of all parties and to ensure that our country not to prosecute the effective implementation of the discretion.