Study on the Discretionary Non-prosecution and the Perfection of Its Supervision and Restriction

The discretionary non-prosecution has contributed to the promotion of the modernization of governance capabilities for procurators to handle the minor criminal cases of pleading guilty and accepting punishment, which is beneficial for the appropriate allocation of judicial resources. And it can defuse social conflicts and repair social relations. Nevertheless, prosecutors have been empowered with more discretion by the discretionary non-prosecution, which has bad effects on its Supervision and Restriction in all rounds. Therefore, it is necessary to strengthen the consciousness of supervision in advance, supervision in the middle and the motivation afterward. The risk control measures of discretionary non-prosecution must be implemented by strengthening anti-corruption education and ascertaining the risk points. Supervision and Restriction of the discretionary nonprosecution must be enhanced by setting clear standards and following the procedures strictly, such as the procedures for handling cases, and so on. It's worth noting that the evaluation of cases, supervision with checks and the ability examination can be used to improve the discretion of discretionary non-prosecution. Thus, the ultimate aim is to perfect the supervision and restriction of discretionary non-prosecution constantly.