Study On The Improvement Of Discretionary Non-Prosecution System

In this paper,we discuss how the discretionary non-prosecution system can be improved under the criminal justice policy of less arrests and cautious prosecutions.The Chinese and foreign laws on deferred prosecution provide the relevant scope and operational mechanisms.but there are differences and similarities.The current theoretical and practical circles have been trying to make a reasonable transformation of the discretionary non-prosecution system,and thus have put forward many ideas to improve the system in theoretical depth,but failed to find a reasonable way out for the discretionary non-prosecution system.Introduce a prosecution policy that reduces the number of arrests and undercover prosecutions and detentions.Establish a policy foundation for improving the non-criminal prosecution system.In the criminal policy,to explore the discretionary non-prosecution system how to achieve perfection,mainly involving the expansion of the system space reasonableness,the operation mechanism of perfection.Procuratorial organs as the exercise of the discretionary right to Sue to achieve the construction of clean government risk prevention and control.In this way to solve the problem of discretionary non-prosecution system is not effective,with a view to achieving the value of simple and complicated diversion in the judicial reform of the number of cases.Also in the realization of the principle of economy of litigation,the protection of human rights,and respond to the status quo of the changing structure of crime.However,there are some problems in the application of the discretionary non-prosecution system,mainly including the implementation of the judicial concept,the limited space of the system,the operation mechanism is not perfect,and the risk of integrity of the procuratorial organs has increased.Through the literature analysis method,qualitative analysis method,comparative analysis method of research method on it on the discretionary non-prosecution system,mainly contains in the exercise of the main body,the procuratorial organs to establish a dominant position in the application of discretionary non-prosecution procedures to enhance the application rate.The first step is to gain a comprehensive and full understanding of the discretionary non-prosecution system in terms of the system and its judicial application.Secondly,analyze the connotation and characteristics of the criminal justice policy of it,so as to explore the impact of the criminal justice policy on the discretionary non-prosecution system,that is,the procuratorial authorities should establish the main position in the prosecution process,and the application rate of the discretionary non-prosecution system should be enhanced.For the criminal policy needs,play discretionary non-prosecution system benefits,according to which the discretionary non-prosecution system needs to be reasonably expanded.Again,the use of problem-oriented approach to the discretionary non-prosecution system in less arrest cautious prosecution cautious detention criminal justice policy challenges,involving discretionary non-prosecution system judicial concept still needs to be transformed,the system space,operational mechanisms,prosecutors face increased risk of integrity problems.In order to ensure the implementation,the expansion of the application of the system is particularly important,based on this,the need to expand the scope of application of discretionary non-prosecution,in order to ensure the smooth operation of the corresponding operating mechanism should also be improved,mainly involving the operation of procedures,supervision mechanisms,non-criminal penalties for improvement.The above-mentioned in less arrest cautious prosecution cautious detention under the criminal policy of the construction of discretionary non-prosecution system to help continue to develop discretionary non-prosecution system to improve the application rate,and make it in the jurisprudential level to achieve logical self-consistency,is also the innovation of the article.