Research On The Application Of Relative Non-prosecu Tion In Leniency System Of Guilty Plea

The system of relative non-prosecution and leniency of guilty plea has high compatibility in value orientation.As the contradiction between the increasing tension of judicial resources and the increasing number of crimes becomes more and more prominent,the unitary pattern of legal prosecutorial doctrine no longer meets the practical needs.The prosecutorial doctrine represented by relative non-prosecution comes into being.In terms of functions and powers,the relative non-prosecution power of the procuratorial organ has changed from the substantive power of conviction and punishment to the procedural power of non-prosecution discretion.Relative non-prosecution should become an important form of leniency.However,in practice,limited by the traditional judicial concept,the ambiguity and omission of legal provisions,the cumbersome application procedure,the internal and external supervision mechanism constraints and other factors,the relative non-prosecution rate has been in a lingering position,in the case of guilty plea has not been fully applied,procedure diversion effect is not good.Under the background of the leniency system of guilty plea entering the law and the central government’s criminal justice policy,it is necessary to moderately expand the application scope of relative non-prosecution and explore the application of guilty plea relative non-prosecution.Therefore,this paper mainly discusses and studies the application of guilty plea versus non-prosecution in the following four parts.This article is divided into four parts for research.The first part discusses the compatibility between the leniency system for pleading guilty and punishment and the relative non prosecution system.The two have a common value orientation in implementing criminal justice policies,achieving the purpose of criminal litigation,and balancing efficiency and fairness.The application of the relative non prosecution system in refining pleading guilty and punishment cases has its legitimacy and rationality;The second part examines the current operational status and problem analysis of the application of relatively non prosecution in cases of pleading guilty and punishment in China from a practical perspective.Specifically,the legal norms at the legislative level are vague,the approval process at the institutional level is complex,and the supervision at the institutional level is ineffective;The third part examines and analyzes the relative non prosecution system and similar systems in the two major legal systems in foreign countries from the perspective of comparative law.In order to properly activate the application of relative non prosecution,we can start with the rational allocation of the procuratorial organ’s non prosecution power and strengthening the supervision system of the relative non prosecution system;The fourth part puts forward targeted suggestions to improve the system of leniency for guilty plea,relevant provisions and reasonable elements in extraterritorial experience.First of all,to expand the interpretation of "minor circumstances" in the conditions of relative non-prosecution,with the nature of the crime,means,consequences,scope of influence as the basis,to declare the penalty standard as the application conditions,clear the important role of the circumstances of guilty plea to the relative non-prosecution,the authenticity of guilty plea,the legitimacy of the relative non-prosecution decision as a consideration;Secondly,simplify the procedure of applying relatively non-prosecution in cases of guilty plea,highlight the main role of prosecutors in handling cases of guilty plea,empower prosecutors to make part of the decision of relatively non-prosecution,strengthen the effect of the joint meeting of prosecutors,simplify the examination and approval mechanism of applying relatively non-prosecution in cases of guilty plea,clarify the examination procedure,decision procedure and exemption mechanism.To establish the judicial concept that prosecutors can use and make good use of non-prosecution;Thirdly,on the one hand,improve the supervision mode of the procuratorial organ,clarify the supervision subject and supervision form of the internal supervision,establish a scientific assessment mechanism,on the other hand,strengthen the external supervision of the application of the case of guilty plea to the relative non-prosecution,improve the people’s supervisor system,the victim compulsory prosecution system,make good use of the hearing procedure,strengthen the interpretation of the relative non-prosecution documents.Finally,from the legislative level and institutional level,the systematic construction of alternative measures of prosecution is realized,the integration of alternative measures of prosecution is integrated,the convergence mechanism of criminal non-prosecution and administrative punishment is improved,and the governance ability and governance system of misdemeanor cases of guilty plea are enhanced.