On The Reasonable Expansion Of Procuratorial Organs’ Discretionary Right To Not Prosecute

In the new era,the field of procuratorial work has entered a new stage of historical development,which has led to a redefinition of the procuratorial power.The new framework for legal oversight,known as the "four major procuratorates and ten major businesses," has been established.The right to prosecute and the right not to prosecute are two interdependent components of criminal prosecution functions,both of which involve the participation of procuratorial organs in social governance.In particular,since the adoption of the "less arrest,prudent prosecution,and careful detention" approach as a criminal justice policy,it has become imperative to reasonably expand the discretionary right not to prosecute.This will help to achieve an optimal balance between criminal prosecution and social governance,whilst also meeting the practical needs of misdemeanor governance.Therefore,it is crucial to ensure the scientific operation of the procuratorial power by keeping these important points in mind.In judicial practice,the application of discretionary non-prosecution power is influenced by the long-standing litigation concept of prioritizing the prosecution of crimes over the protection of human rights,the complexity of non-prosecution procedures,and multiple internal and external supervision mechanisms.Functional values such as social welfare considerations and crime governance have yet to be fully reflected.However,with the continuous development of China’s rule of law process and changes in social contradictions and criminal structures,the governance of misdemeanours has become a new era topic for judicial organs.The discretionary non-prosecution system has gradually been activated,especially after the 2018 symposium on "Reasonable Application of the Right to Non-Prosecution" in Suzhou,Jiangsu Province.In the past two years,the application of discretionary non-prosecution cases has increased rapidly,guided by the wind vane of assessment.However,there may even be "hurricane-style" and "follow-up" alienation,and problems such as mechanical application,dogmatic application,and catering application have become increasingly prominent.There is also suspicion of mechanical expansion or lack of consideration of public interests.The new stage of development has created new judicial difficulties,and we must be highly vigilant.The reasonable expansion of discretionary non-prosecution is a positive response of procuratorial organs to the process of misdemeanor legislation and governance during an important period of social transformation.It is also an important part of implementing the "prudent prosecution" in the "criminal justice policy of less arrest and prudent prosecution and careful detention." Therefore,we must dialectically look at the urgent practical problem of the expansion of the right of non-recourse.In order to expand,it is more reasonable.We need to change the idea of recourse,increase the thinking of social welfare,moderately expand the scope of application of the right of non-recourse,optimize the application procedure,attach importance to the connection with the new procedure and the new system,and allocate scientific assessment indicators and supervision and restriction mechanism.To construct a reasonable environment for discretionary non-prosecution from the system and system,and ensure that the operation of the right of non-prosecution is more scientific,standardized and reasonable.