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Why emphasize the prosecution's discretion not to prosecute? In Wu Hongyao view, this at least two advantages: First, implement JUSTICE policy needs. On juvenile delinquency cases, the implementation of the "education probation to save" approach sooner, often the more obvious the better. Therefore, there is no need to have been taken onto the trial stage clemency measures. The second is the need for diversion cases. Through the exercise of discretion not to prosecute, the prosecution can bring some judicial cases there is no need to deliver streaming out, which will be transferred to courts in certain cases to maintain the number of court cases to prevent too much pressure.
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"In fact, in criminal activities, the prosecution should not be just a indictees, should also take up the function of shunt procedure in criminal cases." Wu Hongyao said. Wu Hongyao to "Legal Daily" reporter demonstrate a set of data, which is embodied in a prefecture-level city four grassroots procuratorates and a City Prosecutor's Office handling of criminal cases. Data show that since 2003, sentenced to three years in prison cases accounted for 60% of all criminal cases around.

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Among them, cases sentenced to probation accounted for 30% of all criminal cases, a single fine, control, criminal detention, the case against criminal penalties accounted for 13% of all criminal cases. However, in sharp contrast to the same period the proportion of non-prosecution cases is basically hovering below 3%. Wu Hongyao said: "These data suggest that, in judicial practice, not to prosecute the system does not play its due role in the positive."