Abuse Of Public Prosecution The Right To Judicial Review Mechanism

The power of public-prosecuting is consisted of different contents, such as prosecuting against suspect,acting as government' s accuser in court,changing or withdrawing litigation in court.The kingdom of prosecutor may come forth if without other powers' restricting.Judicial review on the power of public-prosecuting is legislative in western countries and can protect human rights in domestic legislation according to international treaties.Principles of 'separation of powers', 'guarantee human rights' and 'legality in prosecuting' are foundations of criminal justice in European countries,so we must obey such principles if we want to reform and change our system of public-prosecuting.If a prosecutor abuses his power,he may intently quit accusation against defendant even when holding all kinds of criminal evidence or prosecute a defendant without evidence,and he may change and withdraw criminal bills in trial in order to re-prosecute subsequently. Such acts will damage the justice and make the defendant injured in criminal procedure.Although our judicial systems are different from western countries,the standard in human rights in international treaties which have been subscribed or created must be obeyed.As it is known, criminal justice is just as seismograph of Constitution.If he court review prosecutors' decisions in the idea of judicial activism, prosecutors' wrong acts may be corrected by pretrial court and the defendant' s relieve rights are justified by this way.There exist some obstacles in the way of constructing system of judicial review on public-prosecution because traditional cultures and judicial system in China are different of western society.Since judicial review on prosecutors' decisions do benefit to protect human rights and make the prosecutors rethink their roles in criminal justice,it is feasible to review the power of public-prosecute by courts.As to the power of non-prosecute,the prosecutor may be compelled to prosecute if victim appeal,which limit the prosecutors' power.At the same time,a committee consisted of all kinds of lawyers have the right to review the power of non-prosecute.In Chinese future criminal justice reform,if procedure of "Zwischenverfahren" can be established in order to make the pretrial-judge review the decision of prosecuting,criminal cases without sufficient evidence may be cancelled by pretrial judge.In formal trial, if the criminal plaintiff asks to change or withdraw the criminal bills, the judge must know the meanings of "same offense" If the prosecutor put forward a new suit,the court must consider the defendants' rights. It must be obeyed that a case without party cannot by trialed.If the prosecutor want to add new defendant or new crime,the court cannot proceed without protect the defendant' s understanding of possible disadvantage. Withdrawing lawsuit in trial must be reviewed by the court because defendants have all kinds of benefit in criminal procedure.In trial, prosecutor finds that evidence is not sustained defendant' s crime and ask to withdrawing lawsuit,the court will reversal his appeals because the prosecuting has been reviewed in pretrial procedure.After the reversal,prosecuting attorney cannot re-prosecute the same defendant in the same offense.Kingdom of judge and prosecutor are all incorrect in our future judicial reform because power of separation is not exist in justice procedure.