Dilemmas and Solutions Regarding the Operation of Non-prosecution Systems against the Backdrop of Less Arrest and Prudent Prosecution and Custody
In 2021,the criminal justice concept of less arrest and prudent prosecution and custody(aimed at reducing unnecessary arrests and exercising due caution in prosecuting and detaining suspects)was upgraded to a criminal justice policy,but the enforcement of this policy has brought about new requirements for the operation of the procuratorates'non-prosecution systems.In recent years,with the implementation of the aforementioned criminal justice policy,the contents of China's non-prosecution systems are expanding,and the non-prosecution rate has seen a marked increase.Nonetheless,the operation of such systems still shows considerable room for improvement.Due to current realistic dilemmas within the operation of these non-prosecution systems,including issues such as a low application rate,imbalances,a lack of standardization,and the phenomenon of invisible non-prosecution,the realization of efficiency has been affected.The reasons for aforementioned dilemmas include the restrictions in work procedures of procuratorates,the inadequate scope of objects and charges applicable to various non-prosecution systems,as well as the vague conditions for applying non-prosecution systems.Therefore,it is necessary to further implement the criminal justice policy of less arrest and prudent prosecution and custody by refining the work procedures of procuratorates,expanding the applicable scope,and standardizing methods for application,so as to enhance the efficiency of litigations.
less arrest and prudent prosecution and custodynon-prosecution systemscriminal justice policyjudicial procedureefficiency of litigation
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