Expanded Application of Discretionary Non-prosecution under the Background of Misdemeanor Governance
Judicial practice over the past two decades has shown that the structure of crime inChina has undergone significant changes,with the proportion of misdemeanor cases rising sharply,and the misdemeanor governance model becoming the future direction of the rule of law in criminal matters and social governance.Expanding the application of discretionary non-prosecution to a certain ex-tent based on the criminal justice policy of prudent prosecution can effectively bring into play the pretrial diversion function of the non-prosecution system,which is in line with the needs of the situation of misdemeanour governance in China and the direction of the de-velopment of Chinese-style modernization of criminal justice.On the premise that the institutional foundation is already in place,China should appropriately expand and standardize the scope and criteria of prosecutorial discretion to meet the reasonable needs for the pur-pose of prudent prosecution;enhance the legitimacy,purposefulness and acceptability of the expansion of prosecutorial discretion through the in-depth integration with the system of leniency in pleading guilty and accepting punishment,strengthening the effective application of penal substitution measures,and perfecting the mechanism of supervision and review of power,so as to enhance the legit-imacy,purposefulness and acceptability of the expansion of prosecutorial discretion in the context of the modernization of Chinese-style criminal justice.In the context of the modernization of criminal justice in China,an alternative and optimized solution will be provided for updating China's discretionary non-prosecution system.
misdemeanor governancediscretionary non-prosecutionprosecution discretionmodernization of criminal justice
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