New Theoretic Studies On Power Of Public Prosecution

As the symbol of public power intervening the procedure of prosecution, the appearance of public prosecution is the development of prosecution system. The right of public prosecution system, which results from the emergence of public prosecution system, exists in the field of criminal litigation and takes the criminal right of public prosecution as its primary mode. Right of public prosecution, is not the academic category independent of prosecution right, but its advanced development and the result of state as the subject of the prosecution right. We take the criminal right of public prosecution as an example to discuss to function of right of public prosecution from the perspective of substance and procedure. On the substantial level, the function of the criminal right of public prosecution was embodied in the realization of the right of penalty, social safeguard and the protection of human being. On the procedure level, it is embodied in the procedural justice and its independent value. Right of public prosecution has its special value that it is the representative of social human rights and should accord with the requirement of justice and efficiency.The appearance of right of public prosecution is a advancement of human legal procedure. Now it seems that right of public prosecution is being gradually strengthened and enlarged. While traditional right of public prosecution, namely is criminal right of public prosecution, is followed the mode of developing with restrict, appearance and development of civil right of public prosecution and administrative right of public prosecution is a new development and new trend of right of public prosecution.