Research On The System Of Victim's Right Of Appeal In China's Discretionary Non-Prosecution Cases

Our country mainly adopts the principle of prosecution for prosecuting statutory ism,and sues cheap ism as a supplement.For some criminal responsibilities that should be investigated for criminal responsibility according to law,the prosecutorial organ can discretion whether to prosecute it.Discretionary non-prosecution system is the embodiment of prosecution of cheap ism in China.If the victim refuses to accept the decision not to sue,he or she shall have the right to appeal.It is discretionary whether the right of appeal of the victim in the non-indictment case can be realized,and it will have an important impact on the full play of the value of discretion and non-prosecu-tion and the implementation of the human rights protection for the victim.In practice,the prosecution and prosecution department of the procuratorate is not ideal in dealing with the victim's dissatisfaction with the non-prosecution case.Few victims can guarantee their rights through the appeal.On the one hand,the victim himself has problems with the exercise of the right to appeal.On the other hand,the case handling agency has insufficient methods for handling the case of the victim's appeal in the non-prosecution.The victim's right to appeal is not realized,and it is very easy for the victim to challenge the prosecutorial authority's prosecution discre-tion and affect the judicial authority.Therefore,in the discretionary non-prosecution case,the victim's right to appeal should be paid attention to,and the victim's right to appeal should be promoted to play a greater value,thereby safeguarding the rights of victims and promoting social harmony and stability.Discretion of the non-prosecution requires the procurator to review and judge the case based on his discretion.It has a strong subjectivity,and the victim's right of appeal can play the most direct supervision role and restrict the exercise of his power.In addition to the right to appeal,the victim also enjoys the right to self-report,but due to the various drawbacks of the private prosecution,it does not fully exert its value in practice.Perfecting the system of claiming the right to complain in the non-prosecution can make up for the problem of the right to self-indictment and encourage the victim to Get relief as soon as possible.In addition,the psychological injustice of the victim and the questioning of the prosecutorial power can also be resolved and resolved through the appeal.In the discretionary non-prosecution complaint,the success rate of the victim's complaint is very low,and the right to appeal is not high.The main reason is that there are some inadequacies in the provisions of the complaints in the legislation,such as the irrational term and the internal control mechanism.In the judicial field,it is mainly because the investigators are not clear about the use of discretion,the opaque review process of complaints,and the handling of some special cases are relatively simple.In addition,the concept and ability of the case-handling personnel of the law-control department is also the right of victims to complain.One of the importa nt factors that cannot be achieved.However,the victim lacks the lawyer's proxy complaint,which makes it difficult to make a reasonable appeal reason,and it is more difficult to achieve his appeal.In order to improve the right of appeal of victims in discretionary non-prosecution cases,we must first improve the status of the right to appeal and change the complaint to the necessary procedure for private prosecution.There should also be a reasonable limit on the time limit for the victim to exercise his right to appeal,to ensure that he can receive relief in a timely manner.If the victim is dissatisfied with the outcome of the appeal,he may be given the right to apply for review from a third party to ensure the effectiveness of the supervision.Secondly,in the specific handling of the case by the procuratorate,the appeal cases of different appeal subjects can be combined according to the situation;the quality of the prosecution and prosecution officers should be emphasized,and the ability to handle cases should be enhanced;deal with.Finally,relevant mechanisms should be improved,such as public review mechanisms and lawyers' proxy grievance mechanisms.