Research on the Binary Model of Discretionary Non-prosecution in Adult Misdemeanor Cases

The formation of a criminal structure dominated by misdemeanors reflects the enormous potential of the discretionary non-prosecution system in managing misdemeanors. However, by analyzing the current binary model of discretionary non-prosecution in adult misdemeanor cases, there are problems such as the lack of a uniformly applied legal basis, the tendency to formalize inspections, the lack of a proper interface between criminal and administrative activities, and the ineffectiveness of special prevention. Therefore, the binary model can be rethought from the perspective of procedural law, and a new discretionary non-prosecution binary model can be formed by perfecting the existing relative non-prosecution system and constructing a conditional non-prosecution system for adult misdemeanor cases, combining the pre-conditional non-prosecution model and the post-prosecutorial opinion model.