Research On Non Prosecution System

Non Prosecution is an important system of our country not to prosecute them, Itembodies the principles of the Conflict and litigation economy, However, in reality runthem but because of the decision making process is too cumbersome, Specificprovisions for further prosecution did not appeal after the law, Right to relief on therights of the parties makes imperfect parties are not properly protected, Thussimplifying the procedures for deciding not to prosecute, Given the right to decide notto prosecute contractors, Non Prosecution to improve efficiency, Clearly the scope ofthe case and then v, Strict collection finds new evidence, Restrictions applicableconditions and then sue, And explore ways to establish a relief for the different parties,Effective protection of the rights of the parties is significantIn this paper, together with the case as the starting point, the question Comment leadsthrough case to be studied. Followed by elaborate stage of legislation on the status ofNon Prosecution, and academic awareness for this issue, opinions, analyzes the mainproblems which case no doubt exist prosecution system, and finally on the basis ofanalysis of the problem, the author proposed to improve our Non Prosecution proposalsystem. Specifically divided into the following three parts: The first part is theintroduction and handling of the case of the basic circumstances of the case. IntroducesMr.Gong affray case litigation process and the results of the case. The second part of thecase on the basis of the analysis of some of the issues raised doubts on the prosecutionsystem does not exist, and the status of legislation of this issue and the academic pointof view. The main problem cases reflect are: doubts about the decision not to prosecutethe program is too cumbersome, subject unscientific decision, the prosecution onceagain the law is not clear, the parties are not in place and whether the rights guaranteedby the state compensation is not clear. The third part of Non Prosecution sound system.Combined with our state of legislation and judicial practice, drawing on domestic andinternational legislation and judicial practice summary, based on the successfulexperience from the sound made the decision not to prosecute doubt, appeal after appealshall not limit the rights of the parties as well as to strengthen the protection of threeaspects Non Prosecution put forward a sound system of the proposal. And I think that tochange our doubts about the applicable rate is too low not to prosecute the status quo, toachieve the purpose of protection of human rights in the sound on the basis of the above, the need to cancel the contractors prosecutors unreasonable internal evaluationmechanism, and effectively change the concept of criminal justice the only way to reallymake the system better not to prosecute doubt play a role.