On Discretion Power Of Public Prosecution

Discretion power of public prosecution is an very Important power of procuratiorial organs. It is the main content and concrete embodies of the doctrine of prosecution discretion, and proper exercising of the power not only can avoid those innocent being tried but also can avoid the cases short of evidence being tried, so as to protect human rights,lessen action burden and save judicial source. Now every country is different in application of public discretion, discretion power of public prosecution of procurators in countries of Anglo-American family. hasn't limits in domain of cases, while that in countries of the continent family not only limited by domain of certain cases, but also confined by procedure. Now our country adopts a system that the doctrine of prosecution discretion is principal and the doctrine of prosecution discretion is subordinate, endows procurators certain discretion of public prosecution, but limits are severe and many problems exist in practice. The article analyzes emphatically problems in application of discretion power of public prosecution and puts forwards corresponding views of improvement of the power. The article first elucidates its notion and features, explains application principles and theoretical bases and situation of discretion power of public prosecution abroad. And then it elucidates present situation and problems of application of discretion power of public prosecution in our country. In practice, some problems exist, such as procuratorial power and administrative power can't distinguish application domain of discretion power of public prosecution is small, stipulate rate of non-prosecution,control of self-investigation isn't good prosecution by victims, and so on. At last it puts forwards measures of improving discretion power of public prosecution directing at problems existingin practice: 1. Establish the system of procurators presiding over prosecution and make procuratorial power and administrative power divide. 2. Enlarge application domain of discretion power of public prosecution properly. 3. Establish the system of non-prosecution audience. 4. Improve the system of supervision and control.