Research On Non Prosecution In Cases Of Guilty Plea

With the deepening of the concept of "less arrest and careful prosecution",the non prosecution system in the case of guilty plea and punishment has the practical possibility of application.Non prosecution of qualified cases of confession and punishment is not only an important embodiment of the implementation of the criminal policy of tempering justice with mercy,but also an important way to divert complexity and simplicity before trial.The leniency system of guilty plea and punishment agrees with the non prosecution system in value orientation,judicial concept and practice.In China’s judicial practice,there are three kinds of non prosecution systems applicable to the cases of guilty plea and punishment:discretionary non prosecution,conditional non prosecution and special non prosecution.These three models are essentially aimed at a lenient form of the suspect’s guilt and punishment.In legal norms,the accused’s performance after crime can be considered.This provides room for promoting leniency and punishment.With the continuous advancement of the construction of the rule of law,the application of the decision of non prosecution in the case of confession and punishment in judicial practice shows an upward trend,but the rate of non prosecution in China is still low compared with foreign countries.At this stage,there are some problems in the application of the three non prosecution modes in China’s confession and punishment cases,which leads to some minor criminal cases.It is difficult to give full play to the important leniency measure of non prosecution system under the current confession and punishment system.This paper tries to study the main connotation,applicable conditions and operation status of the three modes of non prosecution in confession and punishment cases,and learn from the beneficial experience of foreign non prosecution related systems,so as to solve the problem of non prosecution in confession and punishment cases in our country.That is,under the mode of discretionary non prosecution,by optimizing the internal inspection provisions of the procuratorial organ and simplifying the applicable procedures of non prosecution,promote the power of the procuratorial organ to apply discretionary non prosecution,unify the scope of application of discretionary non prosecution in the context of wide confession and punishment,and implement the connection of execution punishment after discretionary non prosecution.In the conditional non prosecution mode,by broadening its scope of application,we can solve the problems that the boundary between it and discretionary non prosecution is unclear and the applicable subject is too narrow.At the same time,we should further refine the additional conditions and improve the supervision and inspection system of conditional non prosecution.Under the special non prosecution mode,due to its late establishment,its system is not perfect.It is necessary to further improve the applicable conditions of special non prosecution and clarify its approval procedures,and strengthen the protection of the rights and interests of the litigants by establishing the relief mechanism of special non prosecution and implementing the public review system.In summary,this article aims to promote the further development of China’s plea leniency system,while promoting the further improvement of the procuratorial organs’ prosecutorial discretion in China,and promoting the more in-depth coordinated operation of the plea leniency system and the non-prosecution system in judicial practice,with a view to giving full play to the legislative intention of the two.