The Functions and Structures of Procedural Non-Prosecution from a Comparative Law Perspective
In recent years,with the acceleration of the criminalization process,the role of criminal justice in diversionary governance has become increasingly prominent.The proce-dural non-prosecution system represented by the discretionary non-prosecution by procuratorial organs extends beyond substantive crime control to introduce a new model of crime governance by procedural means.Currently,procedural non-prosecution represented by discretionary non-prosecution,conditional non-prosecution,conciliatory non-prosecution,and compliant non-prosecution faces problems such as unclear boundaries and weak systemic organization.Building a distinctive procedural non-prosecution system tailored to China's circumstances has become a new challenge.The establishment of the grounds for procedural non-prosecution is closely relat-ed to how we understand the state's prosecution power.The principle of state prosecution re-flects the state's goal of punishing crimes,which determines that procedural non-prosecution should be limited.However,the diversification of public interest considerations and dispute res-olution provides procedural non-prosecution with broad prospects for application.Therefore,on-ly by establishing a diversified and hierarchical procedural non-prosecution system with a bottom line can we realize the human rights protection function outlined in the Criminal Procedure Law.Comparative law studies indicate that the construction of the procedural non-prosecution system in various countries is guided by basic values and takes enhancement of judicial efficiency,res-olution of disputes through negotiation,and crime governance as fundamental functions.The le-gitimacy of these functions determines the extent of procedural non-prosecution rights,and dif-ferent systems correspond to different levels of legitimacy.As a result,the structures of proce-dural non-prosecution corresponding to different functions exhibit hierarchical characteristics.The main manifestation is that the more legitimate the functions of procedural non-prosecution,the broader the scope of application,the more diverse the application conditions,and the more stable the effect of non-prosecution.The current procedural non-prosecution system in China,which is centered on discretionary non-prosecution,suffers from unclear functional hierarchies and the complexity of interest assessment elements.These problems directly affect the practical effectiveness of procedural non-prosecution and are not conducive to the sustainable develop-ment of the procedural non-prosecution theory.To give full play to the practical effectiveness of procedural non-prosecution in the control of minor offenses and prevent the imbalance risk of procedural non-prosecution rights,it is necessary to delineate its institutional structure accord-ing to its system functions.This involves integrating procedural non-prosecution with non-penal sanctions,negotiation conditions,restorative obligations,and corrective measures to construct a hierarchical system of procedural non-prosecution.
NETL
NSTL
万方数据
维普
