On Discretion Power Of Public Prosecution

The prosecuting discretion is such an important theoretical and practical issue relating to the position and function of prosecutor's power in the whole system of criminal judicature that it is very important to explain its meaning and essence. This paper analyzed the meaning and character, the nature of effect and its theoretical basis and made further clear to the understanding of the prosecuting discretion in theory. On the level of specific institutions, this paper made a survey on the main content of prosecuting discretion of five western countries and made a comparison between them, and demonstrated the commonness and difference between the five countries'prosecuting discretion in fundamental principle, the scope of application, the supervising system and the problem of plea bargaining. Finally, the author made a review on the present legislature and judicial explanation to demonstrate the China's prosecuting discretion and related institutions. Combining with the practice, the author made a analysis and assessment on the China's related institutions and put forward some own suggestions to improve the present system and legislatures.