Research On The Non-Prosecution Right Of My Country’s Procuratorial Organs

The right to not prosecute is one of the basic powers of the procuratorial agency’s right to prosecute.It plays an important role in protecting human rights,diverting cases,and restoring social relations.Since the 2019 seminar on the “Reasonable Application of the Right of Non-Prosecution” was held,the research on the right of non-prosecution in my country has returned to the field of law and has attracted the attention of the procuratorial organs to the application of the right of non-prosecution.Based on the diversified development of the right of non-prosecution in our country,the discussion of the value of the right of non-prosecution,and the investigation and study of the relevant systems of several other countries,this paper finds that there are still many problems in the application of the right of non-prosecution in our country: from the conceptual level The procuratorial organs still have the prosecution concept of "suspicion of crimes should be committed" and the litigation concept of "heavy strikes and light protection".Coupled with various restrictions and concerns,the procuratorial organs "seeking stability and fear of applying the right of non-prosecution" The psychological orientation of “wrong and dare not apply” is serious;from the system perspective,the legal requirements for the application of discretionary non-prosecution rights are vague,and the scope of application of conditional non-prosecution is relatively narrow,making it difficult for the non-prosecution right to have a lot of space.Furthermore,when procuratorial organs apply the right of non-prosecution,they are burdened by complicated procedures,resulting in their low enthusiasm for applying the right of non-prosecution.From a policy perspective,the procuratorial organ’s right of non-prosecution is part of the criminal policy of both leniency and strictness.The discrepancy in the status cognition caused by the “strictness” and the“lenient” in the handling of cases during the review and prosecution stage.In addition,the unreasonable evaluation mechanism within the procuratorial organ made the right of non-prosecution to be put on the shelf.Officials dare not apply;in addition,from the perspective of the system,China’s current procuratorial relationship also has a decisive influence on the exercise of the power of non-prosecution by prosecutors.To improve the current status of the application of the right of non-prosecution,the solution to the above problems has been eagerly awaited.First,we must establish a correct application of the right of non-prosecution;secondly,ensure the reasonable application of the right of non-prosecution from the system;third,the policy is to remove the right of non-prosecution.Finally,try to reform the system,explore a new relationship between the prosecutors and the police,fully exercise the right of non-prosecution under the new relationship between the prosecutors and the police,and at the same time exercise reasonable restraints to ensure the normal exercise of the right of non-prosecution and prevent its alienation in the application process.,In order to improve the application of the right of non-prosecution.