Study On The Standards Of Definition Of "Minor Circumstances" In Relative Non-prosecution

The recognition of “minor circumstances” plays an important role in the application of relative non-prosecution,the criterion of determination is the core of the application of the relative non-prosecution system.It was generally believed that the application of relative non-prosecution shall meet two conditions: “the acts committed by the suspect have constituted crime” and “since the circumstances were minor,there was no need to give the suspect criminal punishment or the suspect was exempted from penalty in accordance with the provisions of the Criminal Law”.Due to the ambiguous provisions of the Criminal Law,inconsistent definitions,improper applications,insufficient supervision and restriction and other problems,the standards of definition of “minor circumstances” has become a difficulty in the process of application of relative non-prosecution.Through analysis of the ou's intentional injury,author divided the standards for definition of “minor circumstances” into two categories,the positive and the negative standard for definition of minor circumstances.The positive standard for definition of minor circumstances includes statutory circumstances and discretionary circumstances,the application of relative non-prosecution has the effect of promoting and achieving;The negative standard is to exclude the circumstances applicable to the relative non-prosecution,it plays a role of delaying,rejecting and negating the application of relative non-prosecution.On such a basis,combined with requirements from the reform of the trial-centered criminal procedure system,the author further proposed that the unification and improvement of the definition standard of “minor circumstances” shall include both the unification of the definition procedures and of the application rules.Meanwhile,the author put forward some suggestions on the following three aspects: establishment of the deferred prosecution system through learning from other countries,organization of hearing on cases of non-prosecution and completion of the non-penalty punishment in cases of non-prosecution.