The History,Present Situation and Improvement of Non-Prosecution in China

Non-prosecution is a product of the theory of destination in Criminology.It is a reflection of utilitarianism in criminal prosecution.In 1996,Criminal Procedure Law canceled the system of prosecution-avoiding.The right of discretion was reserved through considering non-prosecution.The emergence of non-prosecution because of inadequate evidence buffered the phenomenon of overdue custody.However,over 10 years,there are some new problems,the narrow range of legal non-prosecution,the limited discretion of relative non-prosecution,the confliction of non-prosecution to presumed innocent until proven guilty.Therefore,the way of improving non-prosecution is to find the balance between the right of victims and social public interest.