1 This part refers that the prosecutor' power to nol pros originates from doctrine of prosecuting discretion.

2 With the establishment of relative nol pros system in china in 1996, immunity from prosecution system which was adopted seventeen years ago was abolished.

3 In China, only does discretionary nol pros among pretrial the Procedure in the criminal proceedings embody function of the procedure division, further, the cases are very few.

4 The thorough understanding of the nol pros types of Section 2, Item 142 of the current Criminal Law is the difficulty in and key to understanding the system of nolle prosequi.

5 A comparative study on the legislative and judicial experience in applying the doctrine in Japan, Germany and China may be helpful toward a perfect discretionary nol pros in China.