Preliminary Discussio On The Non-Prosecution Restriction Mechanism

China has replaced the immunity from prosecution system in the1979"Criminal Procedure Law"with the non-prosecution system in the1996"Criminal Procedure Law". Non-prosecution system has saved thelimited criminal judicial resources, eased social contradictions, andembodied the demands of protection of human rights. However, the powertends to be abused, the exercise of the non-prosecution power must receivecertain supervisions and restrictions. Otherwise, the non-prosecution powerwill be abused and the reasonable core of the non-prosecution system willbe damaged. Consequently, China has established the non-prosecutionrestriction mechanism through the relevant legislation and judicialexplanations. However, there are some defects in the non-prosecutionrestriction mechanism of China, so it has not played its due role. In view ofthis phenomenon, the non-prosecution restriction mechanism has become an important research object of the procedure law researchers. However, theformer results of research have only emphasized the broad discussion on thenon-prosecution restriction mechanism from the theory, and they have rarelyelaborated the status, the problems and the improvement measures of thenon-prosecution restriction mechanism of China systematically, so theirresults of research lack of practical significance. Or the former results ofresearch have only paid attention to the scattered discussion on the status,the problems or the improvement measures of the non-prosecutionrestriction mechanism of China from the practice, and they have ignored thethinking from the theory, so their results of proof have lost rational basis.Even if some rare results of research have analyzed and discussed thenon-prosecution restriction mechanism from the theory and the practice,they are not wide, not deep and lack of systematicness and pertinence.This article has recognized the shortages of the former results ofresearch. It emphasizes the systematical theoretical analysis and practicaldiscussion on the non-prosecution restriction mechanism. The first chapteris to analyze the meaning, the nature and the classification of thenon-prosecution power, to explain the meaning and nature of thenon-prosecution system, to discuss the existence reasons and the rationalityof the existence of the non-prosecution restriction mechanism, to prove the rational basis of the non-prosecution restriction mechanism from the powerrestriction theory and the human rights protection theory from theperspective of related theory. The second chapter will generalize thenon-prosecution restriction mechanism of the extraterritorial major civil lawcountries and common law countries from the perspective of related practice.The third chapter is to investigate the related status of the non-prosecutionrestriction mechanism of China from the perspective of legislation practice.The fourth chapter will point out the problems of the non-prosecutionrestriction mechanism of China from the perspective of related practice.Aimed at the existing problems, contacted with the related theory and theexperience of the extraterritorial countries, the fifth chapter is to offer someproposals to improve the non-prosecution restriction mechanism of Chinafrom the perspective of related practice.