Research On The Application Of Relative Non Prosecution System In Cases Of Guilty Plea And Punishment

At present,the contradiction between the shortage of judicial resources and the surge in the number of cases is prominent.In view of this contradiction,China has carried out continuous exploration and research in judicial theory and practice,in order to explore ways to resolve this contradiction.The leniency system was established in 2018.With the improvement and development of this system,China’s judicial practice has gradually emerged the relative non prosecution system applicable to the cases of confession and punishment.The emergence of this system not only promotes the further development of the lenient system of confession and punishment,but also activates the application of the relative non prosecution system,It provides a way to resolve the contradiction between the surge in the number of cases and the shortage of judicial resources.This paper first analyzes the consistency between the leniency system of confession and punishment and the relative non prosecution system,and then introduces the operation of the relative non prosecution system in China’s judicial practice.Then it mainly analyzes the problems in its operation.The main reasons are that the legal applicable standards are not clear,the application procedures of the relative non prosecution system are complex,the restriction and guarantee of the discretion of procurators are insufficient,the setting of the evaluation standard system of procurators is solidified,the public is not convinced of the case results,and the relevant supporting facilities are incomplete.Through the analysis of the above problems,this paper puts forward some suggestions to improve the application of relative non prosecution system in China’s confession and punishment cases,that is,first,to define the applicable standards of relative non prosecution in confession and punishment cases;The second is to simplify the application procedure of relative non prosecution system;Third,reform the evaluation standard of procuratorial personnel;Fourth,balance the rights of the victim and the person who is not prosecuted.The research on the application of the relative non prosecution system in the case of confession and punishment is still in-depth.I believe that with its improvement,it can give full play to its institutional advantages and improve judicial efficiency and credibility.