Study On Issues About The Reform Of Public Prosecution System

Public Prosecution play a role in Criminal proceedings as important as serves as a link between the foregoing and the following.Public prosecution,specially belonging to procuratorial organ, is one of core and symbolic functions in China. Chinese current public prosecution system, which gathers complaint function and the legal supervision function, meets the need of judicature of our country as a whole.On the other hand, its many shortcomings have also been exposed in the judicial practice, so it's necessary to perfect it. This text represents some problems of the Public Prosecution System's Reformion. It has four parts.The first part is the Outline of Public Prosecution's System. This section introduces the Outline of Public Prosecution and Its System, prosecutes the historical of Public Prosecution System, analysis the Current Situation and the Reformation Necessity of Public Prosecution in China.The second part is Prosecution Discretion System. After the Outline of Prosecution Discretion System, the text prosecutes the Necessity of Procuratorial Organ's Being Authorized with Prosecution Discretion. Then its current condition and problems are discussed. Finally, some suggestions are made. Firstly, more authorization of prosecution discretion should been authorized with procuratorial organ in the legislation.Secondly,the working mechanism in which procuratorial organ exercise the power that should be changed in order to lighten its color of administrative examination as well as return its judicial attribute. As to the actual content, the system of reprieve prosecution may been added and prosecution immunity to stain witnesses been authorized to procuratorial organ if experiment sites about these are successful.The third part is the system of sentencing recommendation. After the outline of the system,its necessity have been explained from six views.Then the current condition and-problems about the system of sentencing recommendation are represented. Finally,Much suggestion has been proposed in the article. In the view of the way that sentencing recommendation proposed, different ways should been adopted according to the difference of cases. Meanwhile sentencing recommendation should been proposed as determinate as possible. On the applicable scope,it is necessary that the system been carried out on the experiment on certain special cases in the first,then expanded gradually to all cases after the conditions are qualified. In addition, in order to strengthen the effect of sentencing, it should been stipulated that courts should explain in the verdict whether sentencing recommendation of procuratorial organ been adopted.The forth part is on the system of public prosecution guiding investigation and obtaining evidence. After the outline of the system, its necessity have been explained from three views. Then its current condition and problems are discussed about. Finally, some suggestions have been made including the establishment of its effectiveness and the procurators'authority in guiding investigation and obtaining evidence in the legislation.