Research On The Relative Non-Prosecution Judgment Of Procuratorial Organs

The discretionary power of non-prosecution is the exclusive power of the procuratorial organ,and it is the product of prosecution cheapism.This system can improve the efficiency of litigation and ease the pressure on judicial resources.However,the application rate of non-prosecution has been low in practice.The Supreme People’s Court,the Supreme People’s Procuratorate,the Ministry of Public Security,the Ministry of National Security,and the Ministry of Justice jointly issued the "Guiding Opinions on the Application of the Leniency System for Plea and Punishment" on October 11,2019,clearly emphasizing the expansion of the application rate of "relative non-prosecution".However,the procuratorial organs’ non-prosecution adjudication process has still not eliminated the disputes,and there are still ambiguities in the adjudication standards,the results of the adjudication are questioned,and the usage rate is low.Therefore,there is still a need to study the non-prosecution discretionary power of norms.Based on a large number of cases,this article selects three cases of typical significance.On the basis of searching a large number of cases,this article selects three cases with typical significance.Through the discussion of the three cases,it digs out the typical problems in the relative non-prosecution practice,and analyzes the focus issues on the correct application of the non-prosecution discretion to make suggestions.In addition to the introduction,this article is mainly divided into three parts:The first chapter is the case introduction and the inductive analysis of the controversy focus.This article mainly selects "Chen XX illegal possession of a gun","Mei XX dangerous driving case","Gong XX abuse of power case".Through the differences in the application results of non-prosecution in several cases,the problems existing in the practice of the procuratorial agency’s non-prosecution discretionary power are analyzed.The problems in the selected cases are mainly concentrated in two aspects,namely,the relative non-prosecution application and limitations,specifically the circumstances.The identification of minor punishment and exemption from punishment,the conflict of application of exemption from punishment and relative non-prosecution,and the limitation of relative non-prosecution.The second chapter mainly introduces the basic jurisprudence involved in the case,that is,the basis for the generation of the discretion of the procuratorial organ in the process of judicial practice,its connotation and the meaning of application.The non-prosecution discretion is mainly a product of prosecution doctrine,litigation economy,and the criminal policy of combining leniency and strictness.Although it does not have substantive disposal power,it has a procedural termination function,which helps prosecutors better fulfill their objective and fair obligations and avoid Becoming a pure prosecutor will also help prosecutors better play the role of pre-trial case triage,invest judicial resources in more important areas,and at the same time be more conducive to the return of suspects to society.The third chapter is an analysis of the legal application issues involved,and makes normative suggestions on the correct and efficient application of the non-prosecution adjudication process.Through the analysis of the relative non-prosecution discretionary process and the results of the discretion,the spirit of non-prosecution discretion is discussed in order to better implement the system.The main issues involved in the non-prosecution discretion are that the "minor circumstances" and the exemption from punishment are not clear,and the discretionary flexibility is large;there is confusion in the application of exemption from punishment and relative non-prosecution;the non-prosecution discretion is exercised during the application process The limitation within the legal scope is to ensure that the prosecutor’s consideration of the necessity of prosecution does not deviate from the rule of law and the constraints of external supervision,especially the people’s supervisor.Through analysis,this article believes that the key to the correct use of normative discretion is to achieve clear standards.This part can be achieved through guiding cases or guiding opinions to clarify the application conditions of common crimes,which can enhance the prosecutor’s confidence in proactive application.From the perspective of regulating the use of the right of non-prosecution,prosecutors need to fully explain the judgment process and the reasons for judgment.The external supervision of non-prosecution discretion can be strengthened through the people’s supervisors,and the hearings can be given greater functions,so as to realize the coordination of relative non-prosecution external supervision and internal supervision,and finally realize the relatively non-prosecution standard development.