Research On Relative Non-prosecution

Relative non-prosecution(RNP)is an important part of criminal procedure system.RNP system promotes the realization of lawsuit benefit and reveals the doctrine of prosecution discretion.RNP system also reflects the protection of hunan rights.With the continuous development of China's criminal procedure system,especially after the promulgation of new criminal procedure law in 2012,RNP system has a large development in China.The addition of conditional non-prosecution applicable to juveniles makes RNP a more sound and comprehensive system.Particularly,reconciliation procedure of the litigants was added in the special procedures in the fifth edition,it points out the direction of RNP application.However,in judicial practice,due to various reasons,there remains many problems in the application of RNP.In present dissertation,the author makes a systematical analysis on RNP by combining the long working experience in primary procurator in order to refine the RNP system in China.This dissertation include four chapters.On the basis of reviewing China's current non-prosecution system,the first chapter particularly analyzes the concept,nature and characteristics of RNP system.At present,there are four types of non-prosecution in China,respectively legal non-prosecution,non-prosecution with doubts,relative non-prosecution and conditional non-prosecution.Among them,RNP is also named as discretionary non-prosecution or minor crime non-prosecution.The nature of RNP embodies the doctrine of prosecuting discretion and the notable feature of RNP is that cases can be prosecuted or not,which implies prosecutors have full discretion and manifests the combination of punishment with leniency.The second chapter conducts an international comparative analysis of RNP.We respectively investigate the RNP system in Germany,France,England and the United States.A detailed comparison is conducted on the differences of RNP system in discretion of prosecutors,regulations,status of prosecutors,supervision and restriction mechanism,etc.Accordingly,we provide some reference to improve China's RNP system.The third chapter analyzes the existing problems of RNP system in contemporary China.In both theory and practice,RNP system suffers from a series of problems,including the limited discretionary power,deviation of application standards,relatively low rate of RNP application,incomplete supervision system,etc.These problems results in the poor effect of RNP application in judicial practice,which is far from the original intention of RNP legislation.The fourth chapter concludes the former chapters and propose some suggestions to improve RNP in China.According to the existing problems,we put forward some pertinent suggestions,i.e.simplify procedures to expand prosecutors' discretionary power,improve legislation to refine the standards of RNP application,change the old mindset to expand the scope of RNP application,strengthen the responsibility to improve supervision mechanism,etc.