On Improvement Of Our Procuratorate's Discretionary Power Of Prosecuting

Discretionary power of prosecuting is the prosecutor's power to make a fair, resonable decision on the utility of case's prooves, the judgement of the truth, the adaptation of law in the process of going through prosecuting, prosecuting and support public prosecution. Discretionary power of prosecuting allows the prosecutors to decide whether prosecute or not according to their own understanding and judgement of all cases. As to the cases which the prosectors decide to prosecute, the prosecutors have the right to choose the accusal. Now our procuratorate has very limited prosecuting right which does not agree with the reality of our country. How to improve procuratorate's discretionary power under the condition of revising the criminal procedural law is the background of this paper.There three parts in this paper. The first part indicates that the discretionary power to prosecuting consists of the discretionary power not to prosecuting, the discretionary power to dalaying prosecution, the discretionary power to choose prosecution, the discretionary power to bargaining and the discretionary power to changing prosecution on the basis of analyzing the concept of the discretionary power of prosecuting. Also this paper introduces these defenit discretionary powers briefly.In the second part, it introduces the present legitimate and judicial condition of the procuratorate's discretionary power of prosecuting and on this basis it indicates the problem of the discretionary power of prosecuting. The writer thinks that the discretionary power of prosecuting is very limited on general and its scope is very narrow. There is no legal discretionary power of dalaying prosecution, no legal discretionary power of choosing prosecution and no discretionary power of bargaining.The third part is the core of the paper. The writer gives the suggestion of improving the discretionary power of prosectiong from two aspects. The writer empharsizes that to improvement our discretionary power of prosecuting, we must construct the system of dalaying prosecution, choosing prosecution and bargaining. Meanwhile, we must fulfill the system of no prosecuting and changing prosecuting and make them more scientific and easy to be operated.