From the perspective of misdemeanor governance,the application of relative non-prosecution by the prosecution further accentuates the discretionary power of non-prosecution and embodies the essence of objective obligation.Currently,the criminal structure characterized by"predominantly misdemeanors"demonstrates the enormous potential and notable advantages inherent in the non-prosecution system.However,an in-depth analysis of the relative non-prosecution system reveals several problems,such as the unclear scope of application as stipulated in Article 177(2)of the Criminal Procedure Law,disputes over application conditions,and lack of special preventive factors.Additionally,cumbersome approval procedures,inadequate participation of parties,and a lack of integration with the leniency of guilty plea system,other discretionary non-prosecution systems,and restriction mechanisms are also attributed to these factors.Therefore,several measures should be taken to improve relative non-prosecution system by curtailing the applicability to misdemeanor cases and appending guilty plea conditions,establishing a dual examination and approval mechanism which compels the prosecution to thoroughly consider the opinions of public security organs,victims,defendants,and litigation agents before deciding on non-prosecution,ensuring efficiency and fairness of the procedure.Furthermore,constructing a multi-discretionary non-prosecution system based on the leniency system and incorporating the legal review mechanism of the court will promote the smooth integration of the external relative non-prosecution system.
关键词
轻罪治理/相对不起诉/认罪认罚从宽制度/审批二元机制
Key words
misdemeanor governance/relative non-prosecution/leniency of guilty plea system/dual examination and approval mechanism
维普
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