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Study of Nolle Prosequi System of Our Country

Author: XiaYuDan
Tutor: DanXiaoHua
School: Shenyang Normal
Course: Legal
Keywords: Pros Policy Supervision and control Relief mechanism Deferred Prosecution The period for prosecution
CLC: D925.2
Type: Master's thesis
Year: 2010
Downloads: 58
Quote: 0
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Abstract


Criminal prosecution system means that in criminal proceedings, the prosecution concluded its investigation of cases prosecuted, after review that the suspects legally not be prosecuted for criminal liability in the case, or committed a minor crime can not be held criminally responsible, or lack of evidence does not meet the conditions for prosecution, according to law does not submit the case to the trial court litigation system. The contradiction is not limited judicial resources and an increase in the number of crimes prosecution system of objective reasons, changes in the modern penal philosophy is not to prosecute regime exists subjective reasons. Was modified in 1997 after the implementation of the Criminal Procedure Law, China's non-prosecution system has been further clarified and improved, but with the development of society, the problems of the existing non-prosecution system gradually exposed, the applicable rate is low, black-box operation, unfair The phenomenon is particularly prominent, combined with its supervision and control ineffective, seriously affect the prosecution system efficacy of play, the breeding ground for corruption in the judiciary, undermined the authority of the judiciary. Thus, the author not to prosecute foreign institutional legislative and judicial case was investigated, the rational thinking of the many problems in the judicial practice in China, determined with reference to the various domestic and foreign ideas and research results presented certain ideas to improve our system not to prosecute and analyzed and demonstration. Text is divided into four chapters. The first chapter is sorry v. Existence of the System to support the development theory to explore. Asked the protection of human rights, prosecution cheap, separation of prosecution and trial proceedings in a timely manner four theoretical research and discusses the four supporting theory, I'm sorry the development of objective and subjective reasons of the appeal system subsisting mining, but also clear non-prosecution system should has four aspects of the value of the pursuit. The second chapter is not to prosecute foreign system to conduct investigations. Common law and civil law on behalf of the state as the object is not to prosecute foreign legislative and judicial status of the system, the supervision and control of Non Prosecution peers and explore the idea of ??non-prosecution system in China is perfect for the following provides for reference to way of thinking. The third chapter is to examine the system of legislative and judicial status quo of China's non-prosecution. Found many problems in China's legislative provisions and judicial practice, the root of the problem generated rational analysis and summary of perfect vision clear thinking and proceed in the direction presented below. Chapter four specific ideas to improve our system not to prosecute, and demonstrated, is the focus of this article. Improve the supervision and control, the author Comment scholars Zhu said the idea of ??the restraining mechanism of the NPC Standing Committee, at the same level, and demonstrated the feasibility of the idea of ??theory with practice; perfect relief mechanism, clear not to prosecute the system relief mechanism should value orientation, victim to the courts always maintain the public prosecution, the said person is not satisfied with the decision not to prosecute the procuratorial organs should be prosecuted, the public security organs Sorry appeal to challenge the decision to apply for supplementary investigation period three-point concept and the three-point concept of rationality are discussed; improve the minors not to prosecute suspects regime, deferred prosecution on foreign visits and considerations on the Juvenile Delinquency judicial status quo, the Create a deferred prosecution and placed before the review prosecutors arrest; improve doubt not to prosecute, the main proposed the introduction of indictable offense, to determine the period for prosecution, Non Prosecution clear legal conclusion within a certain period.

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