Empirical Research Of Non-prosecution Discretionary Power

The procuratorial organ stops litigating the criminal suits which beyond the requirements of prosecution instead of assigning them to judge by courts,which called non-prosecution system and plays an important role in criminal litigation.This system in favor of protecting the civil”s the legitimate rights and interests and guaranteeing the innocent people avoid Criminal liability investigation,it also embodies the criminal procedure law aims at protecting human rights and the prudent attitude of exerting state power.Save manpower and material resources to reduce the cost of litigation and save limited judicial resources embodies the principle of lawsuit efficiency.Therefore,it is important to restrict and limit the Non-prosecution Discretion and get command of exerting it in a reasonable range.In our country,on one hand,we must guarantee the prosecutors have a certain degree of discretion that based on different details of cases and degrees of social damage.In the other hand,in order to prevent abusing of power,we must control and limit the discretion reasonable.So,my paper start with the definition of non-prosecution system and Non-prosecution Discretionary Power,then analyze the cases which are about relatively non-prosecution and giving-up-prosecuting for doubting,explore the deeper reasons of Non-prosecution Discretionary Power non-standard applying in judicial practice through the problems.After that we can infer the reasons are as follows:Legislation is not perfect and scientific,working standard is not clear and definite,supervisory mechanism only emphasizes form,subjective cognition is not deep going.On the above basis,the author wanna to put forward the suggestions and countermeasures on perfecting and improving the Non-prosecution Discretionary Power in criminal suits: perfecting the litigation of non-prosecution system,strengthen the limitation of Non-prosecution Discretionary Power,regulatepublic examination system of non-prosecution cases,boost the connection between the people supervision system and non-prosecution system.