As a manifestation of judicial decriminalization in China's system,discretionary non-prosecution and conditional non-prosecution have great potential to become important paths for misdemeanor governance.However,the current legislation's provisions on two types of non-prosecution are not entirely reasonable,resulting in a chaotic relationship between the two and further hindering the improvement of practical effectiveness.The ultimate goal of institutional design lies in the realization of its functions,which depends on the improvement of the system.From this perspective,the difference in the functions of the discretionary non-prosecution and conditional non-prosecution systems actually reflects the expected relationship between the two to some extent,and can provide reference for improving the actual state of the system.On this basis,the future reform of the non-prosecution system should integrate discretionary non-prosecution and conditional non-prosecution under the discretionary non-prosecution system,and set up a tiered scope of application for the two based on functional differences,establish mutually independent advanced application relationships,adopt a hierarchical judgment path,and provide institutional support for the implementation of the non-prosecution governance function.
关键词
制度功能/酌定不起诉/附条件不起诉/程序非罪化
Key words
Institutional Function/Discretionary Non-Prosecution/Conditional Non-Prosecution/Decriminalization of Procedures
维普
万方数据