Study On Prosecutorial Discretionary Power

Public prosecution power is the hard core of the procuratorial power. It is a procedural power from the law to prosecute the criminals and it is also the important part of the judiciary power corresponding to the jurisdiction. The prosecutorial discretionary power is one of the forms of the discretionary power in the judiciary. We can cognize the power from four aspects: the period, the essential object, the subject and the effectiveness.There are kinds of debates on the rationality of the prosecutorial discretionary power. But its value for the criminal justice system is in existence. The prosecutorial discretionary power is determined by the judicatory property of the public prosecution power. The power is as a result of the standard of the prosecutorial examination. It is the central content of the doctrine of prosecution discretion and it is also the need of the policy in prosecutorial system.Public prosecution power is an open system that some subsystems has come more perfectible through practice. The article has introduced some typologies of the power.First, Non-Prosecution System must include non-prosecution as a result of innocence, non-prosecution due to opening of evidential question and non-prosecution in virtue of public interest because of the double standards of prosecutorial examination that including the standard of proof and the standard of public interest. The three kinds of non-prosecution should all bring the effectiveness of ending the prosecutorial procedure.Second, Suspended Prosecution System is an active significance for the criminal judiciary and it should decide whether to prosecute based on the behavior of the suspect in the stated period. The system are propitious for the suspect to rebuild and regress. Suspended Prosecution is feasible in China.Third, Plea Bargaining System is one of typologies worthy of reference though it has insufficient feasibility in our country. The content of system includes three items: initiation, validation and fulfillment.Last, the article also introduces other typologies including Complementarity of Evidences by Spy, Option of Charges, Change of Charges, Withdrawal of Charges.In a word, the prosecutorial discretionary power is greatly significant for the criminal justice reform in China. We should work up this system based on the right knowledge of both the foreign advanced experience and the situation of our country.