Research On Reform Of Public Prosecution In China

The public prosecution way is an important part of criminal procedure. We should realize that the public prosecution way is not only a procedure of the public prosecuting attorney transfer the case files to the court, but also the reflection of national legal mode, the lawsuit idea, the current situation of the legal system and the national policy. what’s more, it’s very important to human rights protection, due process and judicial justice. Therefore, the public prosecution way have important research value and we must attaches great importance to it. Chinese public prosecution way have experienced a long time changes which from the docilism public prosecution way in1979Criminal procedure law, the public prosecution way of duplicated documentation removal system in1996Criminal procedure law, to the new docilism public prosecution way in2013Criminal procedure law. Although Chinese public prosecution way has experienced continuous reforms, the public prosecution way still has some problems in the judicial practice. The new Criminal procedure law in2013return to the new docilism public prosecution way under the principle of solving problems and avoiding disadvantages, but in the long run, it should be just a transitional plan. Comply with the direction of our country’s criminal judicial reform and the trend of world criminal justice development, our public prosecution way should go on reforming and improving to promote the reform of trial substantial change process and promote the criminal judicial justice and efficiency.This article plans from four aspects to discuss the reform of the public prosecution way in China. The first chapter does research into the basic theory and foreign related legislation of the public prosecution way, to provide theoretical support for further study of the public prosecution way. The second chapter does research into the reflection of our public prosecution way. Through analysis the history and present situation of our public prosecution way, we can find the deep-seated problems of our public prosecution way. The third chapter is the key of the dissertation. It is primarily the path selection of the public prosecution way reform. Through analysis the need for the public prosecution way reform, this article put forward dual reform of public prosecution way and analyze its superiority. The last chapter is about the safeguard mechanism of the public prosecution way reform. The public prosecution way is an important part of criminal procedure, we should perfect the related system to ensure the orderly conduct of the reform. The related system mainly involved the reform of the summary procedure startup mode, building the pre-trial system, building the Discovery system, referencing cause of action system to perfect the complaint and Improving the mechanism to improve service quality of the judge.