Abstract:
Relative non-accusation system refers to the penalty, which is suspected by procuratorial organ and suits to be accused, but decided not to accuse within its power. Its theoretical base involve the distribution of passive ruling power, benefit preference and co-use of tight and loose. In order to implement this system, law of criminal lawsuit must be revised to rob the suspect of right of reaffirmation. In addition, as for the case with a victim(s), the victim's should be consulted before making the decisio...