The Exposition Of The Public Prosecution Discretionary Power

The public prosecution discretionary power is the right of the public prosecution to decide in accordance with the law and consider freely the cases whether and how to bring a charge based on the investigation of the facts and evidence.It's not necessity,depends on the grounds of countries of the accusation or principles of the accusation.There are two principles.One is legalit?tprinzip and the other is opportunif?tsprinzip.In the former countries ,the prosecutors should bring an action by law in the cases satisfying the conditions of a file.Yet in others,they have the right to choose whether to file or not by their feelings and judgment.So the right is different in countries just because of their attitude to adopt principles.But,in modern criminal procedure ,we know ,the best is the proper combination of them,and it's the basis of the prosecutor's public prosecution discretionary power.The public prosecution discretionary power is the comparative right of disposition in the procedure,different from the final judgment;is the equity power,the right to judge on equity and justice.It's the unity of the special justice and the whole justice and the entity of the absolute justice and the benefit.When the power is used,we have to consider the factors such as the public benefits,the criminal policy ,the individual factor ,the crime factor,and so on .But the power must be commanded.We can find little of the research of the public prosecution discretionary power especially in theory ,all we learn is from the justice practice .It is not only the true view,but uncompletion.In fact ,it exists in every country.What's different is that the prosecutors in common law system country have much more rights than in civil law system country.For example,in China it's limited in petty criminality and those of impunity by the criminal law.It's expected of the author to be helpful to our justice practice by my introduction and analysis of Chinese and other countries' condition and the idea of how to improve it .It's obvious that I can't make it perfect just by myself ,I'll be so grateful to those discussing it with me and noting mistakes for correction for me !...