Study On The Policy Of Criminal Prosecution

The procedure of criminal prosecution is always an important task in the studyof criminal procedure law science for its significant position in the criminalprocedure. As an important part of criminal procedure system, prosecution is thebridge of detection and judgment, is the summarization and verification of detectionand the premises or gist of judgment. The more formal and ingenious procedure process, the more easily be eluded;However, the more concise and directly procedure process, the more easily becomprehensively applied. In the view of procedure theory, the conception of dueprocess decide that prosecution not only tools or steps of the startup the processof judgment, but also has significant effect on the realization of public policy,on the mechanism of regulation of the criminal punishment, especially on the humanright protection. So the public policy can exert great effect on the realization oflaw. The same to the other process of law's application, criminal prosecution mustbe guided by the public policy too. That is unchangeable at all times and in all overthe world. There is only little difference about the policy's category orcharacterization or content in different countries. The public prosecution of thepeople's court must be guided by the CPC's policy too in China, otherwise theapplication of procedure law will lose it's direction and could not reach it'santicipative target. So it is obvious that study on the fundamental question of thepublic prosecution, study on the establishment of prosecution policy, study on whatpolicy should be adopted and the effect of policy to detection and judgment, studyon relations between policy and law, has significant effect on the properlyapplication of criminal procedure law. Theoretically, prosecution exerts an important function that connect detectionwith judgment. Now we all know that there is no judgment without prosecution. Thethree functions which are the prosecution function and the plea function togetherwith the judgment function promote the modernization process of criminal procedure,promote civilization of procedure into a high level. Practically, the step of prosecution has great percolating effect on regulationthe detection and realization the judgment task. However, there are lots ofdifferences in prosecution in different region of China. People does not satisfiedwith the efficiency of prosecution. And there exists diversity in different regionin the application of law. That is the policy's effect if we remove the man-madefactors. There is a long-term existence of policies such as "leniency to those whoconfesstheircrimesandseveritytothosewhorefuseto"and"crackdownoncriminalactivities by law enforcement departments". Now proceed from the instruction andinfluence, we adopt policy delay to prosecution. But we adopt prompt prosecution tothose severely endanger to the public interests in urgency. All of them demonstrateit's meaningful for us to research Chinese criminal prosecution policy. The authorwill discuss which kind of policy is suitable in this thesis and why it is.