On The Public Prosecution In The Public Interest Standard Of Discretionary

The public benefits is One of the value targets that the pertaining to crime litigation pursue,this contents also inevitable the reflection arrive check Cha organization the public prosecution cut quantity power of usage process in.In the public prosecution cut the quantity establishment public benefits standard match modern pertaining to crime litigation of value principle.Carry on a public benefits a reviewing while indict, most nation all make correspond of provision,such as England《Royal check control officer's rules》BE also explicit provision indict of case have to through public benefits of reviewing.In the meantime combine to practice experience in the law establishment public benefits standard, can cut quantity exercise of power to provide one more concrete for the public prosecution of reference standard.In the public prosecution cut the quantity establishment public benefits standard can cut quantity behavior by norm, make to cut quantity of result attain unify of law effect and society effect, be advantageous to cutting quantity power to betterly produce result.The textual design morely drew lessons from England of law provision, analysis England and related nation when the public prosecution cut quantity the benefits factor involve contents, thus make a clearer understanding of the contents. In the meantime ,because our country have not indictment cut quantity power in the fulfillment of circulate condition, the writer think shouldn't be carry on simple of important item constitute of reviewing, but want concrete the case be concrete analysis, with whether match a public benefits for measure basis.The full text is divided into five parts.A part define the content of public benefits, main to the content of public benefits carry on theoretically of study.Because of the characteristics of public benefits, so it's can't take into an accurate define, but we can carry on a principle and scope to the public benefits of divide the line.Carried on to the public benefits and the related concept in the meantime simple distinction, first step understanding the public benefits is in the public prosecution cut the quantity of function. Two part analysis the public prosecution cut to follow a public benefits in the quantity standard of proper sex foundation.This part from the check the Cha organization the public prosecution cut quantity power of the essence the request, the reality the request and the check the Cha organization of the public welfare the property three aspects detailedly elaborated to cut quantity in the public prosecution establishment public benefits standard of theories basis, and to public benefits standard cut quantity power to the public prosecution of direction, thus explicit in the public prosecution cut the quantity the power establishment public benefits standard have proper sex foundation.Three part for our country the public prosecution cut quantity in the public benefits standard of self-criticism.This part main to our country current code of criminal court provision of indictment cut quantity power to carry on simple introduction, the angle that is from the law and practice investigation our country public benefits standard of existence present condition, and carried on analysis to the reason of the one present condition for cause.Four-part cent investigation abroad the public prosecution cut quantity in the public benefits standard.This part introduction the British and American method fasten with big six methodses fasten main nation in the public prosecution cut the quantity to public benefits standard of provision and way of doing, writer combine from in summary these nation of homology way of doing, for the convenience of in our country the system set up of demand.Five part for our country the public prosecution cut quantity in of public benefits standard really sign.Fore noodles analysis of foundation up, combine our country of practice experience and abroad of lawmaking provision, the writer think in the our country of the public prosecution cut the quantity should establishment public benefits standard, and put forward establishment public benefits standard of speculation, from the public benefits standard carry on the principle that the benefits measure and the contents include and insure a public benefits standard valid implement of system guarantee set out to carry on to elaborate respectively.