Study Of Public Prosecution Discretion

The appeal decides after deliberation the system, is refers to a country law to carry on the appeal to the Appeal Institution to decide after deliberation active the related stipulation. The appeal decided after deliberation the system is a various countries criminal prosecution system's important content, various countries' law has made the stipulation to this system. Along with society's development, crime quantity and the quality present the rapid enhancement the tendency, corresponds with it, the judicial resources actually have not obtained the sufficient supplement, enhances unceasingly the crime is accompanied by between the limited judicial resources the contradiction is the question which various countries are unable to neglect. Along with the modern criminal activity policy's study development, the scholars discovered gradually the criminal penalty policy is not controls the crime effectively the method, must prevent the society the policy to take the reduced crime the important content. Manifests in the criminal prosecution process, namely decides after deliberation the procedure for the appeal. The appeal decides after deliberation the system through to carry on the procedure divergence to the criminal case, may save the limited lawsuit resources effectively, and is advantageous in the criminality is slight, social hazardous nature not big crime author's reforming. Sues the cheap principle to replace the prosecution legal principle is a various countries criminal justice system's trend of development, the appeal decides after deliberation the system also to be able inevitably to be getting more and more important along with society's development. Strengthens decides after deliberation system's research to the appeal, with the judicial reform practice which carries on is having the great significance immediately to the criminal prosecution legal framework's further consummation."Guilty must punish"the traditional just idea's influence, the prosecution legal principle in our country is been ingrained, although "Law of Criminal Procedure" had also stipulated the Appeal Institution has the authority which regarding the criminal case decides after deliberation freely, but our country appeal decides after deliberation the system development very not to be imperfect, the theory and the practice aspect also have the very big problem. This article decided after deliberation the system primary meaning, the nature and the characteristic, the effect to the appeal and so on essential phase has carried on the full proof, and various countries' appeal decided after deliberation the system to the world to carry on has studied. Based on this studied our country present appeal to decide after deliberation the system to legislate the flaw which and in the judicial practice existed, how and to consummate our country appeal to decide after deliberation the system to put forward some proposals.