On The Discretion Of The Prosecutor’s "decision Not To Prosecute"

Prosecutor’s discretion of "non prosecution decision" is an important power that can balance the authority and flexibility of law.This is not only related to whether the criminal procedure can continue.This is more about the vital interests of criminal suspects and victims.This paper focuses on the discretion of the prosecutor’s "decision not to prosecute".Through comprehensive observation of the situation at home and abroad,it holds that the discretion of the prosecutor’s "decision not to prosecute" has its legal basis.The author recognizes and actively advocates the prosecutor to exercise the discretion of "non prosecution decision".However,due to the continuous deepening of China’s judicial system reform office,it is not mature.To some extent,there are still some drawbacks in the exercise of the discretionary power of "non prosecution decision".This paper suggests that the discretion of the prosecutor’s "decision not to prosecute" should be perfected.First,prosecutors should exercise the discretion of "non prosecution decision" strictly for crime involving public security.Second,more specific and clear rules should be formulated to ensure the correct exercise of the discretion of the prosecutor’s "decision not to prosecute".Third,we should add the relevant laws and regulations that the prosecutor makes "no prosecution decision" due to public interest.Fourth,we should establish a system of postponement of prosecution and retroactive system of "no prosecution decision".Fifth,on the basis of improving the quality of prosecutors,we should establish and improve the case guidance system of prosecutor’s "decision not to prosecute".Sixth,improve the supervision and restriction mechanism of the discretion of the prosecutor’s "no prosecution decision".