The Study Of The Prosecutor's Discretionary Power

The prosecutor's discretionary power, which is distributed among various items of prosecution work, is the important concept in the practical and theoretical development of the prosecution, so it is necessary to lucubrate this concept. In this thesis, starting with the analysis of the definition of the prosecutor's discretionary power, the author tried to compare and contrast the prosecutor's discretionary power of the different countries, including the content and the operational mechanism system, and then construed the actuality and the problems of the operational mechanism of the prosecutor' s discretionary power in our country. In light of these problems, the author put forward the measures of the expansionary reformation and the restrictive mechanism to consummate the Attorney Mechanism of the prosecutor's discretionary power of China.This thesis is divided into three parts, that is, the introduction, the body which is also divided into four parts, and the conclusion. The Chapter I defines the concept of the prosecutor's discretionary power and summarizes the features, the scopes and the principles of it. The Chapter II summarizes the developing tendency and the merits of the prosecutor's discretionary power of the world which our country may use for reference through introducing the theoretical foundation of the development of the foreign countries' prosecutor's discretionary power, the main content of the prosecutor's discretionary power representing the nation and the features of the prosecutor's discretionary power of two Law Family. The Chapter III focuses on the actuality and the problems of the operational mechanism of the prosecutor's discretionary power in our country. Combining with the probe in the practical legal reform in present China and analyzing what the criminal procedural law ordains about the prosecutor's discretionary power and the operational mechanism systematically, the author evaluated the existing state of the operational mechanism briefly and summarized the main problems of the prosecutor's discretionary power of our country, which leaded to the next part of the conception about how to widen the prosecutor's dictionary power becomingly in China. In the Chapter IV, the author put forward the proposals of the setting of the prosecutor's discretionary power and the supervisory and restrictive mechanism in our country. The proposals included many aspects, such as making our prosecutor's discretionary power sound by completing the attorney discretion, adding the content of the Plea Bargaining Right and the Immunity and completing the supervisory and restrictive mechanism by comparing the other countries' counterpart. The measures to improve the mechanism of supervision and restriction included the establishment of the system of the public hearings, the establishment of the system for the superior procuratorate's supervisory, the establishment of the system for the court to review and check the prosecutor's decision on the case with respect to the disposal of the discretion, the perfection of the system for the victims and the non-accused relief system and the establishment of the public organization to supervise the prosecutors to deal with their discretionary power. The purposes of the perfecting of the supervisory and restrictive mechanism are to ensure and supervise the prosecutors to deal with their discretionary power legitimately and reasonably, thereby contributing to the efficiency of the litigation, saving the costs of judicature and achieving the judicial fairness and justice.