Research On The Issue Of Non-custodial Proceedings

Non-custodial litigation is based on respecting the legal value of safeguarding human rights and the presumption of innocence,which is conducive to the effective saving of judicial resources,promoting the implementation of the legal policy of leniency and severity,broadening the diversity of means of resolving criminal contradictions,and realizing the value pursuit of judicial justice and efficiency.Due to the late formation of the legislative purpose of respecting and safeguarding human rights in China,the long-term judicial practice of "detention as the norm and non-detention as the exception",the non-detention litigation system in China is still in its initial stage of development.At present,the judicial system reform is being deepened,the procuratorial organs have made beneficial exploration in the practice of the system of non-custodial proceedings,and achieved some results,but inevitably there are some problems.Based on the analysis of the theory of non-custodial litigation,the author studies the current situation and problems of non-custodial procedure in procuratorial organs from the perspective of procuratorial functions,and discusses how to improve the non-custodial procedure in procuratorial links.