Perfection Of Prosecutorial Discretion In China

The prosecutorial discretion is a very important part of public prosecution power. The theoretical basis, contents, the way of operating of prosecutorial discretion is not only a major object in research on Jurisprudence, but also a major topic in juridical practice. We can conclude from criminal prosecution civilized histories that, As development of prosecution of legal doctrine to doctrine of prosecuting discretion, the expansion of prosecutorial discretion have been a general trend in recent world. The prosecutorial discretion reflects a freedom of measuring elements and flexibility of treatment of justice authority, and also reflects the scientific and rational litigation philosophy. As deepening development of research on jurisprudence and juridical practice, As exacerbating of economy globalization and Information network, all of the major nation critical reference rationality of other nations' system in the basis of their own conditions, and formed a trend of penetration and fusion in each other in different legal system. Compared to them, The prosecutorial discretion in china was not as effective as expected,because of the narrow applied scope, single way of operating and Defect in Supervision System, brought more and more contradictions when facing rapid increased crimes and limited Judicial resources. Lots of academics claims that we need improve our prosecutorial discretion when learning from developed countries while some procuratorate make creative Several reforms, for example, deferred prosecution. Most of them encounter a "Name is not correct, Words will not ring" situation caused lack of higher law, were halted by Supreme People's Procuratorate. How to improve the prosecutorial discretion in china? As opinion of mine, facing the complicated transition of market economy in china and increasing pressure suits, our nation must improve the prosecutorial discretion on the basis of current conditions and its international trend of development. This article will analysis how to improve the prosecutorial discretion of our nation, divided into four parts. First, exploring the theoretical basis of prosecutorial discretion, Second, comparison and analysis of foreign system and induction of inspiration. Third, study and analyzing the current situation and defects, At last, making some improved recommendations in legal system and supervision mechanism.