A Initial Discuss On The Commanding Power Of Criminal Prosecution

The commanding power of criminal prosecution is a specific authority conferred to the judges by law. Whether it is properly applied in the court and whether it is valid are directly related to the practice of judicial justice. At present, the law-regulating system about the commanding power of criminal prosecution is not so perfect in China. Many important institutions have not been installed obviously. This situation undoubtedly makes little use to the function of the commanding power of criminal prosecution in the practice area. Meanwhile, the commanding power of criminal prosecution has not yet been given too much concern by the educational circles who makes improper views towards the attributes and patterns of it. Also, the current theoretical research on this commanding power is mostly shallow. Therefore, the author chooses the commanding power of criminal prosecution to study, trying to make relatively deep-going research on it. Specifically, this article includes four chapters:In the first chapter, the author gives an analysis on the commanding power of criminal prosecution, which consists of the basic meaning, the attributes, the power and functions, and the appropriate foundation. By doing this, the author puts forward that as an important part of the judicial authority, the commanding power of criminal prosecution includes both "procedural" competence and "substantive"...