China Not To Prosecute The System Of Reconstruction

The non-prosecution system is an important component of the public prosecution system, and it can be interpreted as the passive public prosecution system. The provision on non-prosecution of the criminal procedure law of our country is simple, and theory on this is limited to interpret the provision of the Jaw and to discuss the problems arising out of the practice. We can say, in our country, there only a coarse frame exists in the non-prosecution system. This article, as its research object is to reconstruct the non-prosecution system, through analyzing the basic theories of the system, its effect, the restriction on it and postponed system of prosecution, is trying to set up a system based on basic theories, rich of effect and efficaciously restrained. The full article is made up of preface and text, and is divided into four chapters, about 30,000 words.Chapter one of this text is the basic theoretical research on the non-prosecution system. The author thinks, the research of basic theories is the prerequisites of reconstructing a system, so is originally spending a large amount of pen and ink clarifying the concept and kind in the article. This text begins with the introduction of the conception of the non-prosecution, and then puts emphasis on discussion of the kind of the system.Chapter two of this text probes into the amazing effect question. First of all, the author defines the concept of the effect of the non-prosecution decision, and then analyses and discusses the meaning of this question. In the last two part of this chapter, this article expounds the form of decision rendering a service with essence to render a service respectively.This text is sorry to tell the restriction on the system will be discussed in chapter three. This chapter is made up of two parts, that is, the restriction on the non-prosecution decision and the restriction on the discretion of non-prosecution. Putting restriction on the decision means it is limited only after determining has already been made mainly by the relevant interested party appealing to the decision. Trough enumerating the grounds for it, the restriction on the discretion can guide the prosecution services making correct decisions in the course of judging amount. This chapter introduces the regulation of the current law of ourcountry at first, and then makes a relatively studying of other countries. In the second part of this chapter, the author points out the discretion of non-prosecution should base on law, public interests, politics and policy factors.The last chapter of this article, the author introduces the postponed prosecution system as an important supplementary to the non-prosecution system. After defining the conception of the postponed prosecution system, the writer introduces the suitable situation in our country, and puts forward her own view. By drawing support from the criminal irresolute theory in the criminal law theory, the author proves establishing postponed prosecution system in our criminal procedure law is not only feasible but also helpful.