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Reflection and Construction

Author: YangXiaoXing
Tutor: WangHaiYan
School: China University of Political Science
Course: Procedural Law
Keywords: Discretionary not to prosecute Discretion Not to prosecute public scrutiny Effectiveness of the proceedings Determine the force
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 52
Quote: 0
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Abstract


Prosecution system is an important system in the Criminal Procedure. In accordance with the provisions of the Code of Criminal Procedure, the prosecution in the prosecution phase can make a statutory not to prosecute, discretionary decision not to prosecute, and the lack of evidence not to prosecute. And this one, Youyi discretion not to prosecute the most likely to cause controversy. This is because, the prosecution committed a minor crime, without sentencing or penalties are waived in accordance with the provisions of the Criminal Law cases can exercise discretion not to prosecute. However, the definition of this power, the country has more fuzzy, the parties to the case are often not satisfied with the decision to prosecute appeal, resulting in a waste of judicial resources. In addition, the prosecution system in China, such as cumbersome procedures, does not expose a lesser extent the parties involved in a serious impact on the effectiveness of the public trust in the administration of justice not to prosecute. In order to standardize the system of non-prosecution, the Supreme People's Procuratorate in 2001 to the National Inspection Service system to promote the systems of public not to prosecute. This approach will undoubtedly help not to prosecute the reform of the system. However, a comprehensive review of the Supreme People's Procuratorate for public review of the provisions made not to prosecute, we can find that this provision either from the public scrutiny of cases accepted range, the form of review or final review of the resolution, there are many unreasonable Department. Can be found by comparing the world's major countries not to prosecute and restraint mechanisms, pursue the adversary and prosecution of the doctrine of common law, prosecutors have virtually unlimited right to decide not to prosecute; contrary, Germany, Japan and other countries from within the procuratorial organs, victims, judicial and public v. sorry to be restrained. In view of this, this article from the People's Procuratorate not to prosecute cases of public scrutiny rules (Trial) \Challenge for today's academia sorry v. Public censorship, never to prosecute public review and prosecutors discretion, jurisdiction and the effectiveness of the proceedings and the determination not to prosecute public scrutiny four argument not to prosecute public censorship and superiority. The final chapter of this article, you will never sue the establishment of principles of public scrutiny, the scope of the case, to participate in the main, program settings and determine explicitly not to prosecute in such areas as public censorship specific system design.

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