On The System Of Free Evaluation Non-prosecution In China

Free evaluation non-prosecution, by its nature, is a procedural disposal. The basis for the right hereof is right to discretion over non-prosecution, which is the product of the doctrine of free evaluation prosecution. Free evaluation non-prosecution embodies the values of impartiality, efficiency and order. The scope of the system of free evaluation non-prosecution is limited within the non-prosecution of minor offenses. While the law entitles the prosecution the right to non-prosecution, it also provides various supervising procedures and check regimes. The article points out the present problems, including the limited scope of application, impracticality of right to non-prosecution, insufficient check on decision of non-prosecution, defects in the system of transferring public prosecution to private prosecution, and the imbalance between rights to remedy enjoyed by the victim and the offender as to whom the non-prosecution decision is made, and further it proposes that the pre-condition of "minor circumstances" should be relaxed, that the prosecution should be given the right to decide on non-penal punishments, that the criteria for application of non-prosecution be plainly defined, that the practice of transferring public prosecution to private prosecution be abandoned, that the compulsory prosecution be established, that the person as to whom the non-prosecution decision is made be entitled the right to have himself/herself prosecuted, and that the public review system be perfected, for the purposes of fully and appropriately enforcing the right to free evaluation non-prosecution, and realizing the maximal values of this system.