Research On The Application Of The Discretionary Non-prosecution System In My Countr

The active system of discretionary non-prosecution is the result of our misdemeanor legislation,the reform of "leniency in guilty plea" and the prosecutorial policy of "less arrest,more punishment and less punishment".The surge in the number of misdemeanor cases requires that the criminal judicial procedure must activate the diversion channel.The reform of "leniency in guilty plea" lays the foundation for the implementation of leniency in the procedure.The criminal policy of "less arrest,more prosecution,less punishment" clears away the conceptual limitations and technical obstacles for the application of discretionary right of prosecution.However,under the optimistic development trend,there are still many problems in the application of discretionary non-prosecution system.Based on this,it is of practical and theoretical significance to explore the ways and methods to optimize and perfect the discretionary non-prosecution system by studying the specific application problems of the discretionary non-prosecution system.The main writing ideas of this paper are as follows:The first chapter investigates the present situation of discretionary non-prosecution system.First,the application background,from the criminal legislation,criminal governance and criminal justice three aspects of the discussion.The second is the normative system,focusing on the investigation of the Criminal Procedure Law,judicial interpretation and judicial interpretation of the nature of documents three normative forms.The third is the supervision mechanism,focusing on the administrative review,the third-party representative external hearing and the disclosure of documents.Fourth,the test mechanism,the operation mode,test obligations and participants three aspects of the analysis.The second chapter is to sort out the dilemma of the application of discretionary non-prosecution system.One is the one-sided understanding of the concept cognition,which reduces the initiative of application.Second,the judicial guidance is limited to the supply of norms scattered and effective,the language of norms ambiguous and other factors,can not provide effective guidance for judicial practice.Third,the supervision mechanism is lack of effective intervention,unable to effectively ensure the rationality of decision-making.Fourth,the testing mechanism is not perfect,and there are defects in education guidance and discretionary withdrawal of non-prosecution decision.The third chapter analyzes the causes of the dilemma of application of discretionary non-prosecution system.The mechanism of voluntary and orderly optimization and improvement of the system is at a standstill,and the factors of excessive delegation of authority for normative formulation and high degree of decentralization are superimposed on each other,resulting in the predicament of disorderly application of the current discretionary non-prosecution system.This chapter further explains the causes of the dilemma in the application of discretionary non-prosecution system from the aspects of cognition of concept,formulation of norms,operation of supervision mechanism and construction of test mechanism.The fourth chapter puts forward the countermeasures to optimize and perfect the discretionary non-prosecution system.Based on the ideas of activating the existing rules,balancing the relationship between procuratorial organs and lawyers,optimizing the existing standard supply form and strengthening the operation and transparency of the auxiliary mechanism,suggestions are made from the aspects of improving the relevant rules,focusing on standardizing the supply focus,democratization of supervision mechanism and strengthening constraints of testing mechanism.