Empirical Study On Discretionary Non-suing System

China’s discretionary unaffordable system originated from the Criminal Procedure Law of 1996.As a very important criminal procedure system,it has been widely used in various countries and regions.With the establishment of the criminal justice policy of "less arrest,more prosecution,more detention" and the lenient system of confession and punishment,the application of the discretionary non-prosecution system will have more important theoretical value and practical significance in legislation and justice.However,due to the legislator’s failure to fully absorb useful judicial practice experience,the application of the system in judicial practice is not ideal.This paper aims to improve the discretionary non-prosecution system,analyzes the significance and value of the discretionary non-prosecution system,compares and summarizes the research of domestic scholars on the discretionary non-prosecution system,and on the basis of investigating the general situation of the application of the discretionary non-prosecution system by the X District Procuratorate of City C from 2017 to2022,through the study of applicable data and typical cases,proposes that the discretionary non-prosecution system faces narrow scope of application,lack of inspection system The examination and approval process is complex,the assessment and evaluation are unreasonable,and the supervision and restriction system is not perfect,and the relevant experience from abroad is used for reference to put forward suggestions for improvement,so as to promote the discretionary non-prosecution system to obtain more positive feedback and effect in judicial practice.