Probe On The Procuratorial Organ's Prosecution Discretion

Along with the social economy development and the crime rate high, in order to reduce the litigation cost and improve judicial efficiency, the prosecutorial discretion problem is gradually being attentioned. All countries in the world constantly are developing and perfecting the prosecutorial discretion system in order to maximize its value.This paper is divided into four chapters. The first chapter is the summary on the prosecutorial discretion, mainly introduces the concept and characteristics of the prosecutorial discretion and its exercising mode, and briefly analyzes the prosecutorial discretion of legal theory and practical value. Chapter two is abroad of prosecution descretion comparative investigation, introduces a few major continental law system and common law countries the prosecutorial discretion system present situation, and analyzes two continental law systems and the difference between, the reasons and the development trend. The third chapter is the prosecutorial discretion in our country, analyzes the current situations relevant legislative stipulation and judicial practice problems. The fourth chapter is the perfect our prosecution descretion ideas and suggestions. Such as appropriate expand the scope of discretion not to Sue; add the deferred prosecution; proper refer to the plea bargaining system; strengthen the prosecutorial discretion surveillance and restriction mechanism, etc.This paper briefly methodizing Sue administrative umpirage basic problems, on the basis of foreign Sue administrative umpirage system method, in view of problems in existing system of investigation, in the hope of our country Sue administrative umpirage perfect put forward my opinion and suggestion.