Study On The Application Of Discretionary Non-prosecution In The Case Of Guilty Plea

The Guiding Opinions on the Application of Leniency System of Admission of Guilt put forward to play the pre-trial diversion and filtering role of non-prosecution,and gradually expand the application of discretionary non-prosecution in admission of guilt cases.Since the establishment and application of discretionary non-prosecution system in China’s legal system,the application rate in case handling is not high,mainly because of its uncertain application conditions,unclear application standards,cumbersome approval procedures and other problems.In recent years,the leniency system of guilty plea has been gradually implemented in China,which provides the applicable basis for the system of discretionary non-prosecution.But through the comparison of several common types of crime in the field of criminal justice case analysis,has decided not to Sue system can be found in the confession forfeit apply in the case there are still some problems,not to Sue system play effect is not obvious,still need we decided not to Sue system applicable in plea forfeit their cases,considering the problems existing in the Finally,some suggestions are put forward for the better application of the system of discretionary non-prosecution in the case of guilty plea.In judicial practice,it is necessary to give full consideration to the advantages of the discretionary non-prosecution system in the case of guilty plea.On the one hand,it is necessary to realize the significance of the leniency system of guilty plea to promote the diversion of procedures and optimize the allocation of resources.On the other hand,it is necessary to realize the goal of saving judicial resources and improving the economic efficiency of litigation.The research process of this paper is mainly divided into four parts.The first part discusses the research background and significance,introduces the research situation of domestic and foreign academic circles through literature review,and introduces the research method of this paper.The second part introduces the basic theory of the discretionary non-prosecution system in the case of guilty plea,describes the theoretical connotation of the leniency of guilty plea and the applicable conditions of the discretionary non-prosecution system,and discovers the judicial needs of the discretionary nonprosecution system in the case of guilty plea.The third part,pleaded guilty to forfeit their case applicable has decided not to prosecute the case analysis,this article selects the more common types of crime in the field of criminal justice related case analysis,digging "confessed forfeit" ’s performance in the final decision not to prosecute the case,to find problems existing in the two systems is analyzed.The fourth part,how to better make the system of discretionary non-prosecution in the case of guilty plea to carry out the application,this paper put forward suggestions to improve.First,clarify applicable standards and conditions;Secondly,simplifying the examination and approval procedure of discretionary non-prosecution;Thirdly,strengthen external supervision to prevent abuse of power from damaging legitimate rights and interests;Finally,the author puts forward some suggestions on protecting human rights and perfecting relevant supporting systems.