Prosecution Discretion Regulation

Public Prosecution to the core of prosecutorial power is the criminal trial activities, starting valve, play an important role. Prosecution discretion, as a derivative of the right to indictment power, in specific cases prosecution activities, and from the facts of the case law between the public prosecution cases will not need to filter, both for the conservation of judicial resources, and for the protection of human rights and achieve justice. China is the main prosecution of legal doctrine, the doctrine of giving the prosecutor law gives discretion to the smaller, most scholars urged to emulate the U.S. system of plea bargaining to expand the prosecution's discretion, the greater savings in judicial resources, but because of the and U.S. economic system, cultural background and different requirements must be in compliance with their national conditions of China's public prosecution system, China's national conditions prosecutor under the law does not allow too much discretion. In judicial practice, the limited discretion is artificially amplified, the prosecution is abuse of discretion occurred from time, a little discretion to the prosecution of justice has brought a greater threat to the operation and legal reality the concept of conflict, causing the public and the judiciary in recent years, increasing intensification of the conflict, prosecution discretion regulation is imperative.This paper introduces the concept of public prosecution discretion and features, as well as domestic and foreign origin; Secondly, prosecution discretion to regulate the basis of the concept are described so that the power to regulate this to find a theoretical basis; s Third, this indictment will be the discretion of Central America are compared together in order to recognize the discretion of the status of public prosecution and the shortage and the state of the United States and the advantages and disadvantages of this right; Finally, combing through the theoretical and domestic Outside the comparison, the prosecution discretion of the problems and issues for the corresponding strategies.