Deficiencies And Perfection Of Relative Non-prosecution System

In the criminal procedure system,relatively non-prosecution system is undoubtedly an important component,and many countries in the world have established a relatively non prosecution system.China has also set up the relative non-prosecution system after amending the Criminal Procedure Law in 1996,and the Criminal Procedure Law in 2012 has further enriched the connotation of the relative non-prosecution system,which has played a positive role in judicial practice,but there are still some deficiencies in the relative non-prosecution system.This paper summarizes some shortcomings of the relative non-prosecution system in China by means of empirical investigation and case analysis: first,the legal provisions of the applicable conditions are not clear;second,the relief measures of the parties are in the form;third,the lack of legislative support for the assistance and education of the non-prosecuted;fourth,the investigation system of the non-prosecutor to be proposed.Imperfect;six,the supervision mechanism is not perfect.These deficiencies make the relative non-prosecution system no longer in line with today's policy of Combining Leniency with severity and the need for judicial practice.Through the analysis of these problems,and drawing lessons from foreign practices on the relative non-prosecution system,this paper puts forward some opinions and suggestions to improve the relative non-prosecution system: first,to further clarify the applicable standards of the law;second,to explore various forms of relief;third,to establish the system of assistance and education after non-prosecution;fourth,to establish a moratorium.The prosecution system;five is to improve the supervision mechanism.It is hoped that,on the one hand,the criminal policy of Combining Leniency with severity will be carried out thoroughly,the procuratorial discretion will be fully utilized,and the effect of relatively non-prosecution will be brought into full play.On the other hand,the abuse of procuratorial discretion will be prevented by strictly regulating the applicable conditions of relative non-prosecution,so as to achieve practical results in practice.