Research On Discretion Of Nolle Prosequi

Discretion is not totally in accordance with the law in the judicial field, but relies on people's subjective initiative to connect practices in the area of the law. Discretion possesses extraordinary important status in the judicial field, not only the judge has extensive discretion on trial, but also the prosecutor of discretionary power is pivotal especially in criminal procedure in the same time.The prosecutor of discretionary power is very extensive. It runs through from the investigation to the stage of the court trial and its role in whole criminal suit is self-evident. The discretion of nolle prosequi is one of the prosecutor of discretionary power. Criminal procedure of our country in 1996 has already established the prosecutor of discretionary power primarily. The academic research and the justice practice of the discretion of nolle prosequi are more and more in-depth in recent years, and several relevant systems have been established in succession. Comparatively speaking the law regulations of the discretion of nolle prosequi are incommensurate with present situation. This dissertation starts from Discretion and the prosecutor of discretionary power. And after the analysis of the definition, the nature of the discretion of nolle prosequi and such basic theories etc., it begins to introduce the condition of the system of civil law and the system of common law. In sum, the paper attempts to probe into the rational construction of the discretion of nolle prosequi in China.The prosecutor of discretionary power is a kind of procedural power, and has positive meanings to the criminal procedure reform that our country faces.