Study On The Confinement Of Public Prosecution Of China

Since the emergence of public prosecution system in social life, it has demonstrated its strong vitality, which is constantly contributed to the settlement of human's dispute and the promotion of the development of human civilization, at the mean time, the public prosecution itself is favourably accepted by the whole world, even some countries begin to adopt the public prosecution as its monopolistic way of prosecution. However, when the wind of public prosecution is blowing through the whole world, some scholars and experts begin to notice its side effects, nowadays, research on the abuse of prosecution is no longer pertain to the Japanese scholars'patent, China has also been positively doing research on the countermeasures of restricting the power of public prosecution in order to avoid the abuse of prosecution. Concerning about the continuous emergence of falsely and unjustly repudiated cases, people begin to reconsider the reasons for the emergence of grievance. A new comprehension of the object of public prosecution appears, which is that public prosecution is not only combating crime and maintaining the social order, but also protecting the interests of the homicide victims and the rational and legitimate right of the prosecuted persons. Through the strengthening of the homicide victims'right and the prosecuted persons who can confine the power of the public prosecution, along with the confinement of the court, it has established a stereoscopic and multilayer system of supervision and confinement. However, the system of supervision and confinement of China is still under its way.There has been more falsely and unjustly repudiated cases in the juridical practice, in the sustained growth of juridical risky, scholars and experts have noticed the confinement system which has gained good social benefit. However, if we apply this system to our country mechanically, it will sure be unaccustomed or even destructive. In this paper, it has brought forward a serious of reform opinions on the system of restraint to public prosecution, which follows the rule of taking the essence and discarding the dregs, as well as the reality of China.This paper is made up of about 2900 characters, except the parts of introduction and conclusion, the text has been divided into 6 parts. The first part is mainly about the definition of the abuse of public prosecution from a theoretical view, there should be both the fact of abuse and subjective fault, only the combination of the two components would make up an abuse of public prosecution. The second part is mainly about the reality of the abuse of public prosecution in China. There has been three paterns, which include:the abuse of prosecution, the abuse of the abandonment of prosecution, the abuse of the protest of prosecution, all these three patterns have distinctive facts to demonstrate.And this paper is mainly discussing about the abuse of prosecution. The third part is the analysis of the reasons for the abuse of public prosecution which is concerning about the legislation, the procedure and the specific system. The forth part is mainly discussing about the necessity of the strengthening confinement of public prosecution. It tells the social meanings of a well-functioned public prosecution,which shows that we should consummate the confinement to the public prosecution so as to forbid the abuse of it, a prospect of the following reform has also been mentioned. In the fifth part it discusses about the methods to improve the confinement of public prosecution through the comparison between some foreign countries and China. Along with an analysis of foreign countries'systems, it pointed out the shortcomings of our system and the facets we should improve.The sixth part is about the consummation of the confinement system of public prosecution of China. In the view of the exposed questions and desired aspects, it has brought forward a series of pointed and systematic proposals for improvement.