Abstract:
Under the background of misdemeanor governance, the procuratorial organs in China are in a dominant position. However, the organs also face challenges in three aspects: diversion system, case quality, and prosecutorial concepts. In this regard, firstly, at the legislative level, a conditional non-prosecution system that meets the requirements of misdemeanor governance should be established so that the procuratorial diversion system could be improved. Secondly, the organs should strengthen internal review of cases proposed for non-prosecution in conjunction with the judicial accountability system. Meanwhile, the organs should rigorously supervise the appropriateness of non-custodial coercive measures applied by investigating agencies in misdemeanor cases, and the legislative level should empower the organs with the decision-making power after reviewing the necessity of pretrial detention. Finally, the organs should transition from a punitive justice perspective to a humanistic justice one, while establishing an evaluation system of corresponding performance for prosecutors.