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The Perfection of Not to Prosecute System on Public Prosecution Cases

Author: ZhuZhongYi
Tutor: YinShiBai
School: Hunan Normal University
Course: Legal
Keywords: Prosecution Cases Not to prosecute Type Range Supervise
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 18
Quote: 0
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Abstract


1996 our newly revised Criminal Procedure Law clearly stipulates the current prosecution system . So-called non- prosecution of the cases transferred to the People's Procuratorate, the public security organs or Itself case , upon examination that the suspect does not constitute a crime , or in accordance with the law should not be held criminally responsible , not to the people's court to determine a litigation activities . Not to prosecute a The procuratorial organ -specific terms of reference , the specific performance of the procuratorial organs to exercise the right of prosecution , the independent litigation aspects Criminal activities have important legal significance . The system is conducive to the protection of the legitimate rights and interests of the parties not to prosecute , also in line with the procedures set up to pursue litigation economic ' value . The procuratorial organs the correct grasp and use of non - prosecution system , affect the quality and efficiency of handling the case of criminal proceedings , but also affect the legitimate rights and interests of the protection of the parties to the criminal proceedings . Not to prosecute in the practical application of the system revealed many problems , the lack of specific procedural requirements such as the decision not to prosecute process ; legal setting amounts to a lack of thorough and rigorous ; relative not to prosecute the narrow scope of application , the prosecutorial discretion not to prosecute conditions smaller ; against a decision not to prosecute , there is no neutral judicial decision authority for review ; imperfect regulation of the right to appeal ; prosecution supervision , relief system is not perfect , to solve these problems , the Code of Criminal Procedure of non- indicted the decision-making process to set up a specific program requirements; increase the the procuratorial organs discretion , expand relatively sued the scope ; establishment of adjudication procedures , and perfect relief mechanism not to prosecute , and solve the problem of indictable Private Prosecution ; perfect right to appeal ; strengthen the self- supervision of the investigation and the case not to prosecute ; perfect not to prosecute the supervision of relief mechanism .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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