A Study On Legal Interpretation And Reasoning Of Non-prosecution Decision

The non-prosecution decision not only contain the procedural punishment which stopping the criminal proceedings and making the case can not enter the trial procedure,but also contain the decision of the substantive rights of the parties.So the decision must be fair,reasonable and acceptable,which not only reflected in the process of non-prosecution decision,but also reflected in the legal interpretation and reasoning of non-prosecution decision.Reinforcing the legal interpretation and reasoning of the non-prosecution decision is not only a requirement for the interpretation and reasoning system of prosecution legal instruments,but also a requirement for a fair,just,and harmonious society under the rule of law.But at present,there are still some problems in the legal interpretation and reasoning of the non-prosecution decision: the case is simply piled up,the evidence and the law are simply listed;the lack of logic and pertinence of the interpretation and reasoning of law which can not win the public acceptance;not forming the legal interpretation and reasoning mechanism,different regions and levels of prosecutors have different legal level and methods about legal interpretation and reasoning.The quality of interpretation and reasoning is difficult to protect.The key to solve this problem and to realize the rationality and acceptability of the interpretation and reasoning of non-prosecution decision is to regard law as a rhetorical process and enhance the recognition and agreement of audiences such as litigants,investigation agencies and the public,that reaching equal dialogue on the process,enhancing consultation and discussion and changing prosecutors' legal thinking.Perelman's new rhetorical theory provides a beneficial approach to change the legal thinking of procurators and enhance the rationality and acceptability of the legal interpretation and reasoning of non-prosecution decision.Perelman's new rhetoric explores the practical propositions of legal activities.Taking the "acceptance" and "acceptability" of the audience as the criteria for judging the rationality and correctness of the conclusion of the judgment,argues that the purpose of legal argumentation is to enhance the acceptance of audiences about legal propositions.This is in line with the concept of the rule of law advocated "letting the masses feel fairness and justice in every case" that aims to increase people's acceptance of the outcome and process of judicial decisions,and the study of Perelman which enhancing the acceptability of audiences meets the requirements of judicial practice in our country.The thesis consists of three parts:The first part,through empirical analysis,probes into the problems existing in the process of the legal interpretation and reasoning of non-prosecution decision and the specific problems and common problems in finding different kinds of non-prosecution decisions and looks for the root causes of the problems.In the second part,introduces Perelman's new rhetorical theory,focusing on his analysis of the audience,the agreement about the premises and conclusion of argumentation and ways to enhance the consensus.Perelman's audience theory and consensus theory are the core contents of his theory of legal argumentation and become an important theoretical entrance to the legal interpretation and reasoning of non-prosecution decision.The third part,discusses the rhetorical argumentation in the legal interpretation and reasoning of non-prosecution decision.First,analyzes the necessity and feasibility of the approach.Second,analyzes the use of rhetorical argumentation in the legal interpretation and reasoning of non-prosecution decision.Focuses on the object of the non-prosecution decision interpretation and reasoning,the argumentative schemes,and its use in non-prosecution decision.Third,analyzes the consensus issues and rationality of different types of non-prosecution decisions about the legal interpretation and reasoning of them.Finally,the mechanism for strengthening the legal interpretation and reasoning of the non-prosecution decision is discussed,and the institutional environment for the legal interpretation and reasoning of the non-prosecution decision and even other prosecution legal instruments is fundamentally improved.