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Laws of most countries have not to prosecute or similar provisions, also the relevant provisions of international principles, and China is no exception, and not to prosecute the relevant provisions in the Code of Criminal Procedure. , Prosecutors decided not to prosecute the power to terminate the criminal proceedings, in theory, have been widely recognized in the institutional and judicial practice. But with the non-prosecution in Legal Practice, shortcomings and deficiencies in the legislative and judicial practice has gradually exposed, therefore, it is necessary sorry appeal system to be a full range of thinking. China not to prosecute the historical evolution of the system from the start, The Ideological Origins of non-prosecution system of the sort of legal thought from ancient temper justice with mercy to be treated differently, to demoralize the criminal policy gave not to prosecute the generation of system impact. After the founding of New China, China established from the system level, the system not to prosecute, after decades of development, especially the 1996 Code of Criminal Procedure to modify, cancel the immunity from prosecution system, expand the scope of non-prosecution, reform and improvement of the non-prosecution the system. The same time, the non-prosecution system to play its unique value also in the process of the application, that the value of economies of litigation, the sentence is in line with individual criminal policy, help to protect the legitimate rights and interests of the parties. In order to broaden their horizons, their comparative advantage, the author in the text of the two legal systems major country ruled by law not to prosecute system analysis, two legal systems major country ruled by law not to prosecute and cultural background, the concept of litigation and litigation mechanism system The similarities and differences between in-depth discussions. Secondly, from the legislative level and judicial practice on China not to prosecute System analysis, pointed out that the three types of non-prosecution respective Problems, explore the shortcomings of not to prosecute the work procedures and constraints mechanism. From abroad not to prosecute the successful experience of the system based on the situation of China put forward concrete ideas to improve our prosecution system: to expand absolutely not to prosecute the scope of application, in the prosecution phase of crime suspects or The facts of the crime is not the suspects case into absolutely not to prosecute the scope; perfect Non Prosecution, does not meet the conditions for prosecution by the review found insufficient evidence in the case, after the supplementary investigation still fails to meet the conditions for prosecution, \decision not to prosecute, rather than the current legislation under the \suspects, between the prosecution and not to prosecute an additional period of probation, the suspects to receive visits in the study period, assistance and education, the expiration of the period, the relative decision not to prosecute suspects that meet the requirements given in accordance with the law; simplify the review of non-prosecution decision-making process not to prosecute, establish and improve the system of public scrutiny; strengthening exercise on the prosecution not to prosecute power constraints.
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