Study Of The Procurator Organ's Discretion To Stop The Criminal Lawsuit

The procurator organ on behalf of the country, after comprehensively investigating the criminal lawsuit which has been ending detection and confirming the behavior of the criminal accused being not according with the law terms of the public prosecution, can decide to not bring the criminal accused to the jurisdictional court to trial, bus take other measures . This is the procurator organ's stopping criminal lawsuit. The procurator organ's discretion to stop the criminal lawsuit means the power of making the decision to stop the lawsuit according to the concrete conditions of the case after criminal suit begins. It is one of the parts of the procurator organ's criminal discretion, and it has important function in criminal suit. Whether the corresponding procedure set is scientific and suitable not only could influence the litigants' right, but also help to realize the fairness, efficiency and order of the law procedure. Based on detailed study of the theory of procurator organ's discretion of criminal lawsuit, the author inspected and compared the discretion from the view of the comparative law, point out the existing problem set of the procurator organ's discretion to stop the lawsuit, explain the Restriction mechanism to the procurator organ's discretion to stop the lawsuit from common power restraining and private right restraining.