The Study On Doctrine Of Free Evaluation Prosecution

In the long history of criminal prosecution, doctrine of prosecute of country is emerging when human society oversteps the authority of the original state of private remedy and brings about the doctrine of legal prosecution and doctrine of free evaluation prosecution in the criminal procedural practices.The countries all over the world put doctrine of free evaluation prosecution into practice by the standard that if the procuratorial organ has the right of free evaluation in the prosecution. The difference in their practices is the proportion of the doctrine of prosecute of country and the doctrine of free evaluation prosecution in the system of the criminal procedure. The common law countries treat the doctrine of free prosecution as a fundamental principle. The civil law countries treat this doctrine as the necessary supplement of the doctrine of legal prosecution. These differences are mainly reflected by the prosecutors' right of evaluation, and the procedure of the restriction and remedies. The establishment of the doctrine of free evaluation prosecution undergoes the process from the system of prosecution to the system of non-prosecution and realized in our country through the construction of the system of free evaluation non-prosecution. The system of free evaluation non-prosecution in our country endows the prosecutors with the right of free evaluation. This reflects the positive value of the doctrine of free evaluation non-prosecution. But this system still has many flaws. For example, the scope is too narrow, the limitation of the prosecution right of evaluation for the procuratorial organ is not clear and the system of restriction is unreasonable. So we should learn the excellent and successful system and consider our realistic situation and further widen the scope of the doctrine of free evaluation prosecution in our country and further improve and reform the right of evaluation for the procuratorial organ. As the result, the doctrine of free evaluation prosecution is applicable and play a positive role in our country.