Research On The System Of Discretionary Non Prosecution Under The Background Of Lenient Confession And Punishment

Since the implementation of leniency system of guilty plea,good progress has been made in the practice of criminal justice in China.The system of non-prosecution is widely used in criminal proceedings,which not only embodies the concept of litigation economy and individual penalty,but also reflects the discretion of prosecutors and the protection of human rights.However,in judicial practice,due to many reasons,there are some defects in the application of discretionary non-prosecution system,such as unclear provisions and low non-prosecution rate.To this end,the author through the big data retrieval,in the case of dangerous driving crime,analyze pleaded guilty to forfeit from system under the background of our country has decided not to Sue system existing problems and causes in the applicable,in use for reference the experience of extraterritorial deferred prosecution,plea bargaining system,on the basis of combining the criminal judicial practice in our country,put forward the improvement of the corresponding measures,in order to the judicial practice ontology.The main research content of this paper is divided into four parts:The first part is the leniency system of guilty plea and the basic principle of discretionary non-prosecution.This part focuses on the process of the establishment of leniency system of guilty plea and interprets its connotation.In addition,the concept and theoretical basis of discretionary non-prosecution are expounded and the related concepts are analyzed.Finally,it discusses the new requirements of the system of pleading guilty and leniency for the traditional discretionary non-prosecution,and proves the reasons of the system of pleading guilty and leniency for non-prosecution.The second part is the analysis of the existing problems and causes of discretionary non-prosecution under the background of leniency of guilty plea.This part mainly analyzes the problems such as vague applicable provisions of discretionary non-prosecution system under guilty plea in China,limited discretionary power of prosecutors,lagging application rate of traditional judicial concepts and imperfect responsibility mechanism and supervision system.And analyze the causes of legislation and practice behind the above problems.The third part is the extraterritorial comparison of discretionary non-prosecution system under the background of guilty plea.Through the analysis of the relevant systems of foreign countries,such as the UK’s public interest test principle,guilty plea system;American plea bargain system,selective prosecution,public interest standard;Germany’s consultative justice,misdemeanor non-prosecution,suspension of prosecution system;Japan’s agreement system,deferred prosecution system.Draw lessons from the advanced system ideas of foreign countries and provide reference for the perfection of discretionary non-prosecution system under the background of guilty plea in China.The fourth part is the perfect path of discretionary non-prosecution system under the principle of leniency.Based on the experience of relevant systems outside China,combined with the specific problems in China’s criminal justice practice,It is necessary to perfect and refine the applicable legislative standards of discretionary non-prosecution under admission of guilt,simplify the procedure of discretionary non-prosecution under admission of guilt,construct the judicial review mechanism of the necessity of prosecution in admission of guilt cases,change the concept of expanding the scope of application(popularizing the advantages of admission of guilt system),strengthen the responsibility of the unprosecuted and perfect supervision and restriction.