On Procuratorate's Discretionary Power Of Prosecuting

In recent times, with the non-stop economic development and changing of human society, the social is more complex and variability, following the fast growth of criminal cases, the conflict between complex depth of criminal mode and the limited judicial resources is more and more sharp. How to optimize judicial resources and balance the justice and efficiency can be an urgent unsettled practical problem to every country. Prosecution discretion adapted to the trend of criminal justice, settle the problem efficiently. At the same time, The doctrine of prosecution defined by law which based on theory of retribution and purpose is more and more fragile when confronted with prosecution conveniently , the latter became the basic doctrine of prosecution discretion and related system and then made the prosecution discretion the focus of theory study. China is undergoing profound changes in the economic and social critical period, the rule of law has long way to go, facing the worldwide criminal justice problems and difficulties, how to build a scientific and efficient system of prosecutors discretion is a key practical and theoretical issues. So, the author summarized and reviewed the theories of scholars in China and aboard, rooted in China and transplant the advanced theory of aboard, explored a whole system of prosecution discretion which adapt to our condition, I hope it will be helpful to the construct our motherland a place where ruled by law.This thesis can divided into four chapters:The first chapter is the conception analysis of prosecution discretion.The author mainly discusses the concept, nature, characteristics and operation mode of prosecution discretion and compared with related conceptions in order to grasp its characteristics and operation comprehensively and accurately.The second chapter is discretionary right to establish the theoretical basis and practical value of prosecution discretion. The author pointed out its theory are based on convenient prosecution, penalty individually and objective prosecutor.. The author also pointed out its practical values which including litigation economic and realize the dual justice of penalty criminal and protect human rights.The third chapter is the comparative study of prosecution discretion. The author reviewed the system of prosecution discretion of Common Law and Roman Law and compared the differences which including the basis of established theory, scope and constraints for several aspects.The IV chapter is reflection and improvement to the system of prosecution discretion . The author gave a deep analysis to the system of prosecution discretion through reflection and review, and pointed out it's shortcomings. Then the author come up with suggestions-——define the application scope ,optimize operation and control mechanism——to perfect they system.