While the Reconsideration is designed to be a check for non-prosecution decision, this paper analyzes the non-prosecution decision from the comparative viewpoint.This paper also discusses double jeopardy rule in the United States Constitution and concludes that a non-prosecution decision would not result in any criminal jeopardy to bar another prosecution.In addition, from the view point of separation of powers, this paper claims that only the judicial branch is entitled to make punishable decisions, and a non-binding decision of prosecution itself only suggests the court to convict.The prosecutorial power, based upon the inquisitorial model, would infringe the judicial power if a non-prosecution decision makes an irrevocable fact finding.To avoid the question whether a non-prosecution decision makes an irrevocable fact finding, this paper suggests that Article 260 of the ROC CPC to be abolished.