Criminal procedure law amended in 1996 established discretionary nonprosecution decided by inspecting authority and regulated definitelyits applied situation and correlated proceedings. Discretionary nonprosecution bears the functions of procedure diverging, improving criminal procedural efficiency, deploying rationally judicial resource and so on. Lots of factors in system or outside lead to extreme lack of application of discretionary nonprosecution. Change the traditional idea of attaching importance to beating crime in direction of harmonious society thought. At the same time, perfect criminal procedure law, establish correlated measure, and reform checking and appraising mechanism inside of inspecting authority, to make more use of discretionary nonprosecution.