The Empirical Study On The Supervision And Security Mechanism Of Non – Prosecution Discretion

The supervision and security mechanism of non – prosecution discretion is composed of a series of measures and systems to supervise and guarantee the equity of power execution.On the one hand the mechanism plays the role of preventing abuse of discretion, on the other hand it secures the moderation of its restrictive functions and promote the development of non – prosecution system.However, the application condition of non-prosecution shows that under the mechanism it seems to be normal in theory, but be abnormal in practice. The non-prosecution which is based on the development of the theory that criminal law has educational function and its aim is not limited to retributive punishment, and is designed for easing tensions between the increasing number of crimes and limitation of judicial resources, is rarely implemented in practice.In response to the problem, the thesis discusses the meaning of the supervision and security mechanism of non – prosecution discretion, investigates its current situation and focuses on how the mechanism works on non – prosecution discretion, discovers the problems of the mechanism and gives some proper suggestions.The thesis consists of four parts:Part one, the definition of the supervision and security mechanism of non-prosecution and discretion. In this part, the thesis precisely explains the value of non-prosecution the mechanism protects and its risks the mechanism prevents, and analyses the concept of the mechanism by classifying and giving definition and meanings, which determines the scope of the study.Part two, the implementation of the supervision and security mechanism of non – prosecution discretion. It is the central section of the thesis. The part studies the constituents of the supervision and security mechanism and their implementation conditions by empirical research. And the substantial data from the survey objectively reflects their effects and constraints on non – prosecution discretion.Part three, the problems of the supervision and security mechanism of non – prosecution discretion. The part based on part two discovers and analyses the most obvious problems and deficiencies of the mechanism.Part four, suggestions. In this part, the thesis tries to provide some proper advice to improve and optimize the supervision and security mechanism of non – prosecution discretion.