Research On Relative Non-prosecution System In China

Relative non-prosecution is the procuratorial organ's power not to prosecute suspects who commit minor crimes and do not need to be sentenced to punishment or exempted from punishment according to the provisions of the criminal law.It is one of the basic powers of the criminal prosecution power.The system plays an important role in case diversion,reducing judicial pressure and protecting the legitimate rights and interests of criminal suspects.In the process of perfecting our country's Criminal Procedure Law,the content of the relative non-prosecution system has also been enriched and developed.However,through the data analysis of the application of relative non-prosecution in the work reports of the Supreme People's Procuratorate in recent years,we find that although the system has been established in our country,there are still many problems in judicial practice.Therefore,the system is worthy of our analysis and research.This article mainly sorts out the emergence and development of the relative non-prosecution system in China,discusses the theoretical basis of the relative non-prosecution system,and further analyzes and finds that the applicable standards of the relative non-prosecution system in China are not clear through investigating the legal provisions of the relative non-prosecution system in the Anglo-American legal system countries represented by Britain and the United States and the continental legal system countries represented by Germany and Japan.The procuratorial organs have limited discretion.Inadequate non-criminal punishment measures;The court's procedural constraints and insufficient supervision and many other issues.In view of these problems,this paper attempts to put forward the following suggestions: clear applicable standards to ensure the correct application of the system;Appropriate expansion of the scope of application of the system to expand the discretion of procuratorial organs;Perfecting the content of non-penalty punishment measures and strengthening the function of education and rescue;The establishment of additional court's procedural restrictions in relative non-prosecution's decision-making.It is hoped that these suggestions will be more conducive to the application of the system in judicial practice.