Theory Nol Pros Discretion System

Nol pros discretion system as an important legal system, is criminal prosecution system important constituent, in our criminal judicial practice with prominent position. It concerns the fate of criminal suspects, affects the criminal prosecution progress and end. But the criminal procedure law concerning the procuratorial organs in the provisions of the nol pros discretion is simpler, resulting in the judicial practice process met with many problems.In 1996, after modification of criminal procedural law in china abolished exempt from prosecution system, enlarge the scope of great and established the lawsuit to prosecutors under certain conditions make discretionary nol pros the case of power. Discretionary not prosecution conform to the principle of litigation economy, to protect the lawful rights and interests of parties reflected the criminal procedure law of our country socialism positive value to Sue cheap acceptance of a criminal system in progress. But due to give prosecutors roughly and principles and discretion too lack of concrete in practice the operability. Therefore, this article two law systems from abroad to prosecutors nol pros discretion the different attitudes and practices system and expounds the our country nol pros discretion system present situation, analyzed the current legislation flaws and judicial practice, and puts forward the problems existing in the system of prosecution and discretion not perfect reverse nol pros system established some suggestions such as in judicial practice, in order to exercise can better prosecution descretion.