| The system of leniency in admitting guilt and accepting punishment and discretionary non-prosecution system are of great significance in optimizing the allocation of criminal judicial resources,maximizing the economic benefits of criminal proceedings,resolving social disputes,and promoting the development of good social governance.However,the inherent defects of discretionary non-prosecution and its poor connection with the leniency system for leniency and acceptance of guilt have resulted in the application of discretionary non-prosecution under the leniency system of guilt and punishment has not reached the corresponding expectations,which has seriously hindered the value function of the system.On the basis of sorting out the concepts of leniency and discretionary non-prosecution system,this paper attempts to clarify the logical connection between the two.On the basis of learning from the system of deferred prosecution agreement system in the United States and the relevant system experience of Germany’s conditional revocation case,combined with the actual situation of our country,it proposes clear application conditions,expands the application scope of discretionary non-prosecution,establishes discretionary non-prosecution standards,and combines Accepting guilt and accepting punishment is an important basis for discretionary non-prosecution,building a "suspended prosecution" system for corporate crimes in my country,and delegating the authority to approve special non-prosecution to the people’s procuratorates of provinces,autonomous regions,and municipalities directly under the Central Government.In order to improve the application of discretionary non-prosecution under the leniency system for admitting guilt and accepting punishment in my country,fully activating its preset functional value and utility,allowing it to play its due role in optimizing the allocation of criminal judicial resources and achieving good social governance. |
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