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The Nomological Analysis On The Power Extensions Of Public Prosecution

Posted on:2008-07-08Degree:MasterType:Thesis
Country:ChinaCandidate:Y L WuFull Text:PDF
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The power of public prosecution is the entity judgment claiming right of a nation's legal institutions to prosecute crimes, which mainly exists in criminal procedure. As the major way of public prosecution, criminal public prosecution generally includes the right of action, the right of non-prosecution and the right to appeal (called"the right to protest"in China). With the development of human society, the power of prosecution has gradually gone beyond the criminal procedure. The traditional concept of the public prosecution power cannot cover all the public prosecutions in modern times and the power of public prosecution in the two legal systems has been consolidated and extended step by step. The current authority of the power of public prosecution in China is too limited. The limitations can be noticed in the following five aspects: Procuratorial departments'right of investigation and direction over public security departments, the scope of public prosecution cases accepted by procuratorial departments, public prosecutors'final right to handle public prosecution cases, the types of criminal reconciliation cases under the power of public prosecution and the lack in the control of the public prosecution power. This situation resulted from China's basic facts and irregular public prosecution system. About the question whether to consolidate or weaken the current public prosecution power, the author expounds that China's public prosecution power should be extended. He compares and analyzes the birth and development patterns of traditional public prosecution power and the extent of public prosecution power of major countries in the world and takes China's current criminal procedure into consideration.
Keywords/Search Tags:the power of public prosecution, discretion, public interest litigation, criminal reconciliation, plea bargaining
PDF Full Text Request
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