Research on the Influencing Factors of Discretionary Non-prosecution
DOI:
https://doi.org/10.54691/c28hgf14Keywords:
Discretionary Non-prosecution; Influencing Factors; Empirical Analysis.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.
Downloads
References
Zhang, J. (2020). Report on the work of the supreme people’s procuratorate——On the Third Session of the 13th National People’s Congress on May 25, 2020. Gazette of the Supreme People's Procuratorate of the People's Republic of China, (03).
Zhang, J. (2020). Report on the work of the supreme people’s procuratorate——On the Third Session of the 13th National People’s Congress on May 25, 2020. Gazette of the Supreme People's Procuratorate of the People's Republic of China, (03).
Zhang, J. (2020). Report on the work of the supreme people’s procuratorate——On the Third Session of the 13th National People’s Congress on May 25, 2020. Gazette of the Supreme People's Procuratorate of the People's Republic of China, (03).
Huang, Y. B. & Dun, N. (2015). Standardized judgment of the applicable conditions of discretionary non-prosecution. Jiangxi Social Sciences, (12), 145.
Chen, G. Z. (2001). On the discretionary non-prosecution system in China. Criminal Science, (01), 75.
Gu, Y. Z. (2014). Thoughts on the conditions of discretionary non-prosecution. People’s Procuratorial Semimonthly, (09), 64.
Chen, G. Z. (2001). On the discretionary non-prosecution system in China. Criminal Science, (01), 75.
Fu, Q., Song, Y. X. & Huang, F. T. (2010). On relative non-prosecution from the perspective of criminal substantive law: Practical research on non-prosecution. China Procuratorial Press, 39.
Liu, Y. & Li, S. J. (2018). Applicable conditions and legal significance of relative non-prosecution. Procuratorial Daily, (04).
Huang, Y. B. & Dun, N. (2015). Standardized judgment of the applicable conditions of discretionary non-prosecution. Jiangxi Social Sciences, (12), 146.
Xie, X. J. (2023). The development and improvement of the applicable discretionary non-prosecution under the background of less arrest and cautious prosecution. (01), 78.
Huang, Y. B. & Dun, N. (2015). Standardized judgment of the applicable conditions of discretionary non-prosecution. Jiangxi Social Sciences, (12), 144.
Zhao, F. L. (2006). Research on discretionary non-prosecution system. Beijing: Master’s Dissertation of China University of Political Science and Law, 34.
Xie, X. J. (2023). The development and improvement of the applicable discretionary non-prosecution under the background of less arrest and cautious prosecution. (01), 74.
Huang, Y. B. & Dun, N. (2015). Standardized judgment of the applicable conditions of discretionary non-prosecution. Jiangxi Social Sciences, (12), 145.
Huang, Y. B. & Dun, N. (2015). Standardized judgment of the applicable conditions of discretionary non-prosecution. Jiangxi Social Sciences, (12), 146.
Xie, X. J. (2023). The development and improvement of the applicable discretionary non-prosecution under the background of less arrest and cautious prosecution. (01), 77.
Downloads
Published
Issue
Section
License
This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.