On Prosecutorial Discretion

In china ,prosecutorial discretion is merely regarded as the discretion not to prosecute, however, the essay defines it as the discretion in the whole process of prosecution .Accordingly, besides discretion not to prosecute, it also includes the discretion in selective prosecution, plea bargain and the change of prosecution in trial.The essay shows that as an important part of the whole discretion power in criminal procedure, prosecutorial discretion is vital for the rule of law. (part I) In order to show the different practice on this issue , the essay makes a brief exam of the prosecutorial discretion in the 5 major jurisdictions including United states .England and Wales, German, Japan and Italy, (part II ) .For a better understanding the reasons account for the difference above, the essay then explores the 4 main factors that influence the prosecutorial discretion in different jurisdiction . They are as following: the different purposes of the penal sanction , the burden faced by the formal trial, the model of the procedure and the characteristic of the substantive criminal law . (part III) Why should we allow the prosecutor to discrete ? The answer lies in the 4 main functions of prosecutorial discretion, (part IV) Just like other powers, the discretion power tend to be abused if not properly checked , so the essay also makes an exam of the checking practices in differentjurisdiction. (part V)In the last part, the essay makes an examination of Chinese system and practice on prosecutorial discretion. Some suggestions are also made accordingly.