legal ground
Criminal procedure law
Article 178 The decision not to prosecute shall be publicly announced, and the decision not to prosecute shall be served on the person who is not prosecuted and the unit to which he belongs. If the accused is in custody, he shall be released immediately. Article 179 If a people's procuratorate decides not to prosecute a case transferred by a public security organ, it shall serve the decision of non-prosecution on the public security organ. When the public security organ thinks that the decision not to prosecute is wrong, it may request reconsideration. If the opinion is not accepted, it can be submitted to the people's procuratorate at the next higher level for review. Article 180 If a people's procuratorate decides not to prosecute a case with a victim, it shall serve the decision not to prosecute on the victim. If the victim refuses to accept the decision, he may appeal to the people's procuratorate at the next higher level and request public prosecution within seven days after receiving the decision. The people's procuratorate shall inform the victim of the reexamination decision. If the people's procuratorate upholds the decision not to prosecute, the victim may bring a lawsuit to the people's court. The victim may also bring a suit directly to the people's court without appealing. After the people's court accepts the case, the people's procuratorate shall transfer the relevant case materials to the people's court. Article 181 An appeal may be lodged with the People's Procuratorate against the decision of the People's Procuratorate not to prosecute in accordance with the second paragraph of Article 177 of this Law within seven days after receiving the decision. The people's procuratorate shall make a review decision, notify the non-prosecutor, and send a copy to the public security organ.