Research On The Application Of Relative Non-prosecution

With the prosperity of the public prosecution and the acceptance of the countries,the civil law countries that insisted on public prosecution and statutoryism began to adopt the public prosecution of cheapism.The relatively non-prosecution as a manifestation of public prosecution and cheapism in the criminal law is to realize the diversion of the case process.Resolve social contradictions and reflect an important system of prosecutors' discretion.The relatively non-prosecution system has been accepted by all countries in the world.It not only reflects the change of punishment from retribution to prevention,but also embodies the continuous strengthening of human rights protection and the consideration of public interest.However,compared with extraterritorial countries,the relative non-prosecution system has vague conditions in application,small scope of application,low applicability rate,unreasonable procedures and restrictive mechanisms for relatively non-prosecution,and the theoretical research and discussion on relative non-prosecution has never been interrupted.Practice has also been exploring new paths.Therefore,expanding the discretion of the procuratorate and standardizing the application of relative non-prosecution are the primary tasks for us to increase the applicability rate of relative non-prosecution.As the provincial capital of Shanxi Province,Taiyuan City has the most developed economy,and the corresponding social conflicts are relatively fierce.The crime rate is relatively high,so criminal cases should be representative.The author learned in the Information Disclosure Network of the Procuratorate that in addition to individual first-tier cities,the application of relatively non-prosecution in other cities is similar,so this article is also helpful to understand the general situation of non-prosecution procedures in China.Due to the restrictions on the public content of the procuratorate,the author only found information on the relativenon-prosecution cases of the Taiyuan City Procuratorate System after August2018 in the People's Procuratorate Case Information Disclosure Network,so this article is August-December 2018.The case is a sample,using empirical analysis methods,from the applicable conditions,scope of application,application rate,applicable procedures and monitoring mechanisms to carry out research and analysis,analysis of the existence of relatively non-prosecution and other issues,and this has always been "guilty The concept of "criminal punishment of criminals is the main means of controlling crimes.For a time,prosecutors and the public public are more inclined to sue statutory punishment for criminals."This paper proposes to relax the applicable conditions and scope of relative non-prosecution under the criminal policy of "tempering justice with mercy",simplify the applicable procedures,establish a supervision mechanism independent of the procuratorial system,give the prosecutor more discretion,and promote the relative non-prosecution system.Standardize development,realize the diversion of case procedures,improve judicial efficiency,and promote the civilized progress of China's judicial system.