The Remedy Mechanism Of Victim's Right In The Non-prosecution

The non-prosecution decision made by the procuratorial organ has a great influence on the victim who has been directly hurt by the crime,and the right of relief given to the victim in the process can play the due value of the non-prosecution procedure effectively.Firstly,this paper analyzes the value base of the victim's rights relief mechanism from the non-prosecution procedure.Then this paper analyzes the mechanism to ensure the effective operation of the non-prosecution procedure and to realize the stability of the social order.Secondly,it analyzes the rights relief mechanism of the victim in the non-prosecution procedure stipulated by each country,elaborates the difference and connection of the victim's rights relief mechanism,and makes in-depth from the three levels of the rule of law culture,the purpose of the legislation and the prosecutor's recourse function analysis.On the basis of the legal provisions of each country,the paper explores the proper mode of the victim's rights relief mechanism in the non-prosecution procedure,and analyzes the value of the contingent model from the perspective of game theory.Thirdly,to deeply analyze the victim's rights relief mechanism in our country's non-prosecution procedure and find out the existing problems.Finally,from five perspectives that is,ensuring victim's participation rights,distinguishing the types of victim's rights relief,prosecuting the pre-complaint towards reliefs for non-prosecution decisions,improving the victim's legal aid system,by normalizing the assistance obligations of procuratorial organ in cases of "prosecution to private prosecution" and establishing the restriction mechanism of victim's execution of rights of relief to achieve the improvement of "prosecution to private prosecution" proceedings,this paper provides specific and feasible improving path for further improving victim's rights relief mechanism in China's non-prosecution procedures.