My country adopts a dual legislative model with prosecution legalism as the main principle and prosecution cheapism as the supplement.Prosecution legalism emphasizes that as long as the conditions for prosecution are met,it must be prosecuted to the court ex officio,while prosecutors can choose whether or not to prosecute cheapism under certain circumstances.Prosecution gives the prosecutor a certain degree of discretion.The application of the prosecutor’s discretionary power is flourishing day by day,mainly because the procuratorial organs are in order to avoid the explosion of litigation,to achieve effective case management,and to meet the actual judicial needs of simplifying the complexity and resolving social contradictions.Discretionary non-prosecution is also called relative non-prosecution.It is an important way for prosecutors to freely enjoy discretion.Its institutional status is achieved.Highlight.The 1996 "Criminal Procedure Law" abolished the system of immunity from prosecution,and replaced it with the system of discretionary non-prosecution while retaining reasonable discretion.At present,regardless of the evolution of the concept of punishment from the view of punishment of retribution to the view of objective punishment,or the repeated emphasis on the protection of human rights in judicial reform,the discretionary non-prosecution system is undoubtedly the best tool.How to exercise the right of discretion and give full play to the effect of discretion not to prosecute,seems to be the primary task of judicial practice.By collecting the operation of the discretionary non-prosecution system in the People’s Procuratorate of District L from 2017 to June 2020,finding out related problems in its operation,making suggestions to improve its operational difficulties,and creating due judicial benefits.This article focuses on the following four chapters to discuss the operation of the discretionary non-prosecution system.The second chapter is the description of the survey data.After making the relevant data provided by the People’s Procuratorate of District L into an intuitive and effective chart,it then analyzes the operating status of the discretionary non-prosecution system,and finally expounds the effectiveness of the system in judicial practice.The third chapter is mainly to analyze the causes of the problems in the operation of the L District People’s Procuratorate’s discretionary non-prosecution system.After summarizing the data collected and sorted out in the second part,the specific problems and corresponding reasons were extracted: The people’s procuratorate in District L’s preference for non-prosecution at the discretion of juveniles is due to the priority of the law and the convenience of the application of rules.;The conditions for applying discretionary non-prosecution are controversial,mainly due to the obscure legislation and avoiding judicial risks;discretionary non-prosecution after arrest is difficult to apply,because the relationship between L District prosecutor’s arrest and discretionary non-prosecution is not understood and unscientific The assessment mechanism leads to;and so on.Only by discovering the introspection of the problems in the People’s Procuratorate of District L and the reasons,combined with relevant laws and regulations,can we put forward an effective view to solve its actual problems.Chapter 4 is the perfect proposal based on the actual situation of the People’s Procuratorate in District L described in the previous chapters.The details are as follows: First,establish the necessity of supervision and inspection and change the prosecutor’s preference concept so as to rationally apply the non-prosecution of juvenile criminal cases;It is to uniformly determine the applicable conditions of non-prosecution;the third is to remove the restriction of non-prosecution after arrest;the fourth is to give the person who is not sued the right to appeal to superiors and the effective legal help of on-duty lawyers to avoid insufficient supervision and restriction;the fifth is each On the one hand,promote the correct operation of non-penalty punishment methods to avoid confusion in application;Sixth,multiple measures have been taken to improve the application effect of the discretionary non-prosecution system in cases of plea and punishment,and to change the problem of poor application effect. |