Research on the Influencing Factors of Discretionary Non-prosecution

Abstract

With the structure of criminal offenses in China changing remarkably in the past 20 years, the number of misdemeanors and their proportion in accepted cases have increased significantly. Thus, misdemeanor cases replace felony ones and become the focus of judicial work. Guided by the theory of suiting punishment to crime, the strategy of crime governance should be optimized to meet the needs of misdemeanor governance. The discretionary non-prosecution system, as a system that can best embody the spirit of discretion in the non-prosecution system, is particularly crucial in misdemeanor governance. It can not only bear the vital function of procedure diversion during the examination and prosecution, but also promote the rationalization of the relationship between crime and punishment. However, due to the general legal provisions and fuzzy standards in judicial practice, the application of the discretionary non-prosecution system is limited and fails to play its due role. This paper aims to summarize the practical operation rules of discretionary non-prosecution through empirical analysis and Internet technology and reinterpret the definitions of important concepts in discretionary non-prosecution, such as “minor crime circumstances”, “no need to impose punishment”, and “exemption from punishment” and their relationship, so as to promote the correct understanding and application of discretionary non-prosecution conditions in judicial practice.