Research On Problems And Countermeasures Applicable Not Exist Relative To Prosecute Crimes Conditions

All along, the theory and practice are relatively non-prosecution for crimes conditions applydisputed, in the enforcement process is extremely confusing, often due to the relativeexpansion of non-prosecution for crimes range of conditions, leading to crimes relativelyhigh rate of non-prosecution high. And not to prosecute crimes committed relatively highrates of long-term abnormal phenomenon is far from normal. Not conducive to curb suchcrimes playful tendency, but also lead the community questioned seriously affect thecredibility of prosecution enforcement.The author of the country and the province is relatively non-prosecution of crimes handlingdata analysis, a relatively non-prosecution for crimes characteristics and to analyze thecauses of the problem, combined with the characteristics of crimes and relative conditionsrequire not to prosecute, try to make some norms relative not to prosecute crimesconditions apply ideas and suggestions in order to be able to further standardize the relativenot to prosecute crimes provide decision-making.This paper is divided into three parts:The first part, not to prosecute crimes relative status quo. This section through2010-2012and the province of our country not to prosecute crimes committed handling of cases fordata analysis, summed up the basic duty not to prosecute the crime situation, there is arelatively non-prosecution of crimes applicable conditions of chaos and sentencingstandards for misconduct and other issues, and clarify the relative abuse sorry suitingpunishment contrary to the principle of the right to appeal to weaken crimes crackdown andpreventive effect, seriously affecting the credibility of law enforcement and other hazards.The second part, the error is relatively non-prosecution for crimes conditions causeanalysis. This section applies to errors from four aspects relative not to prosecute crimescommitted analyze the causes: a legislative lag, the second is to understand and applicablelaw in dispute, three law enforcement philosophy is oriented incorrectly, four is inadequatesupervision not to prosecute.The third part of the specification not to prosecute crimes committed applicable conditionsrelative to the proposal. This section based on the analysis above, proposed norms relativenot to prosecute crimes recommendations applicable conditions, including: improvingcrimes laws and judicial interpretations, develop and improve the prosecution of crimes isnot a guiding document in order to correctly understand and apply law enforcement changes on the concept of crimes, to strengthen the non-prosecution of crimes and intensity ofsupervision.