The Research Report On Discretional Non-prosecution

In 1996,discretional non-prosecution system has been established, after the abolition of procuratorial organs exempted from prosecution system.The system obtains many vital goals as saving judicial resources, protecting human rights,and reflects the level of a country's democracy and the rule of law.But,No matter from the angle of legislation or judicial practice,China's discretional non-prosecution system highlights some problems.It is difficult to give full play to the positive role of the discretional non-prosecution system.This is contrary to the original intention of setting up the system.Therefore, it is necessary to inquiry discretional non-prosecution system in-depth. Through the actual investigation and study of Xingyang Municipal People's procuratorate,the article on the whole grasp the implementation situation and existing problems of discretional non-prosecution, and put forward suggestions to perfect discretional non-prosecution system, Hoping these proposals referred above will perfect the discretional non-prosecution system.There are five parts in the paper except for introduction and conclusion.The first part aims to introduce the objective, methods.The second part introduce the significance of discretional non-prosecution system. The significance of discretional non-prosecution system contains:First, benefit the implementation of the criminal policy of tempering justice with mercy;Second,to save the judicial resources;Third,to repair the social relations.The third part analyzes application of Xingyang Municipal People's procuratorate discretional non-prosecution.firstly,The author summarize The general situation of discretional non-prosecution of Xingyang Municipal People's procuratorate, including the situations in 2013, 2014 and 2015,which mainly investigate the application of discretional non-prosecution and public prosecution case judgment situation.Secondly,Conduct investigation about the specific circumstances of discretional non-prosecution of Xingyang Municipal People's procuratorate. In this part the author mainly analyzes the type of the case of discretional non-prosecution,Application of arrest,Application of the criminal reconciliation in the discretional non-prosecution.Finaly, through the analysis of research data,the author find the problem in the implementation of discretional non-prosecution system,mainly in the following aspects: the the discretional non-prosecution applicable rate islow in the practice.The applicable standards of the discretional non-prosecution exists misunderstandings, Non-penalty sanctions are less applicable.The fourth part analyzes the cause of the Xingyang Municipal People's Procuratorate discretional non-prosecution applicable situation.The main reasons for these problems contain:The negative influence of the traditional concept of retribution;Legal provisions are too vague;The procuratorial organs for discretional non-prosecution lack of enthusiasm; The imperfect Criminal reconciliation system affect discretional non-prosecution's application;Supervision and control mechanism is not perfect;Supporting measures are not perfect.The fifth part put forward some suggestions for perfecting discretional non-prosecution system.,according to the current application of discretional non-prosecution.Mainly include that: Positive change in criminal judicial concept; Expanding the scope of discretional nonprosecution;Reform and improve the decision-making mechanism of the discretional nonprosecution;Reform and improve the system of criminal reconciliation;Perfect the discretional non-prosecution supervision mechanism; Improve the supporting mechanism of discretional non-prosecution;Perfect the discretional non-prosecution system is conducive to the realization of the organic unity of the quantity and quality of the procuratorial organs in handling cases,to realize the unity of social effect and legal effect,to promote the development of criminal justice towards the direction of democratization and humanization.