Research On The Application Of Non-prosecution Discretion

Non-prosecution discretion means that the law gives prosecutors the right to choose whether to prosecute or not to prosecute in cases where the criminal facts are clear,the evidence is indeed sufficient,and the statutory prosecution conditions are met,based on legal provisions,comprehensive personal perceptions and value judgments.In our country,the "Criminal Procedure Law" stipulates three situations of non-prosecution by law,non-prosecution in doubt,and non-prosecution by discretion.Only when they decide not to prosecute can the prosecutor have discretion.Therefore,my country's non-prosecution discretionary power,in the final analysis,is the prosecutor's discretionary non-prosecution discretionary power.The discretionary power of non-prosecution is a product of the doctrine of cheap prosecution,which embodies the economic principle of litigation and the criminal policy of individualized punishment.It is the inherent requirement of the prosecutor's objective and fair obligation.At the same time,in the value of litigation,the non-prosecution discretion also exerts the effect of diverting cases,protecting the rights of victims,repairing social relations to the greatest extent,and promoting and realizing social public interests.Therefore,the non-prosecution discretion not only has great theoretical advantages,but also demonstrates great practical value.It is a "legacy from the sea" that needs to be polished urgently in the criminal procedure system.Dangerous driving is the largest type of crime in my country,and the proportion of drunk driving in the total number of criminal cases is increasing.Taking drunk driving-type dangerous driving as an example to get a glimpse of the application status of non-prosecution discretion,which is representative and persuasive,and can help us to grasp the full picture of the application of non-prosecution discretion in a more comprehensive way.Through data analysis and practical research,my country's non-prosecution discretion is too low in its judicial practice,misunderstandings exist,discretionary benchmarks vary from place to place,victims' rights are not adequately protected,cumbersome approval procedures,and lack of cohesive supporting measures,etc.The existence of these problems directly affects the application of non-prosecution discretion,leading to its own limitations in case filtering,simplification of procedures,and saving judicial resources,which is not conducive to the effectiveness of this system.In view of this,in order to better implement the criminal policy of decriminalization and light sentence,highlight the individualization of penalties,consider the public interest and the efficiency of litigation,and implement the criminal justice policy of both leniency and strictness,it is necessary to more fully apply the non-prosecutionruling through legislative justice.Clarify misunderstandings in understanding,clarify the criteria for judgment,increase the application of non-prosecution discretion in cases of confession and punishment,and enrich non-penalty measures after non-prosecution.At the same time,strengthen internal and external supervision and institutional constraints,improve the supervision and management of the procuratorial system and the internal supervision and management of the procuratorial organ,improve the system structure of "appeal+ private prosecution",improve the public review mechanism,and promote the application of non-prosecution discretion to be more stable,pragmatic and efficient.