Research On The Power Of Criminal Public Prosecution

With the further advancing of criminal judicial reform , people become more and more concerned about the basic problems of the criminal procedure, including the power of criminal public prosecution. But there aren't further enough studies about it in China. The study of Power of Public Prosecution theory is carried out under the impacts of the civil right of action, so it is very helpful to make use of the concerned civil right of action theory to study the Power of Public Prosecution under the light of its own characteristics. This thesis takes it for granted that the power of public prosecution only exists in the field of criminal prosecution, and it is against the view, which is only supported by few scholars, that the power of public prosecution should go beyond the criminal procedure or even can stretch to the civil procedure. Although there are the exclaims of the public good prosecution, but to some extent, it has something to do with the private good in its nature, so it is not the real power of public prosecution.The keynote of this thesis is to take prosecution as the field which is under the co-influences of both substantive law and procedural law. In terms of this understanding, this thesis analyzes and criticizes the schools of Power of Criminal Public Prosecution studies. The aim is to analyze the advantages and disadvantages of each school and finally make clear the characteristics and connotations of Power of Criminal Public Prosecution. It is proper to adopt the concrete power of public prosecution, and then explain the procedural connotation and the substantive connotation and the common traits and special traits of the power of public prosecution. After the determination of the nature of Public Prosecution, in the second chapter the different disputations about it are analyzed and summed up that it should take the dual property in China. It also points out that the administration of public prosecution is based on the system and action principle of the procuratorial organ, and the judicature should base itself on the avoiding of the improperly administrative intervening of judicature. The former is an inside insight of the public prosecution power, while the latter is the study of the guarantee from the outside aspect. As to the current circumstances in China, it is crucial to guarantee the...