Prosecution Discretion Study

The public prosecution discretion is an important power for prosecutors during the criminal jurisdiction procedure. Basic studies on it have important effect to the revision of the criminal procedure law and to the present jurisdiction reform.Generally speaking, the discretion of public prosecution refers to the concrete power in specific suit that prosecutors could make decision by own relatively about the following questions such as making public prosecution or not and how to do it and so on. To permit prosecutors some discretionary power can benefit to promote efficiency and protect jurisdiction resource by procedure division, to realize justice in certain criminal litigation; and to perform the regulation mechanism of criminal policy.Our country's criminal procedure law has granted the prosecutor limited prosecution discretion with the discretionary non-prosecution. But there are also some problems, for example, too much restriction, abnormal procedure and non-developed restriction mechanism and so on. This situation has brought about little procedure division during the public pros step, and damage to interest of the suspect with the prosecutor abusing discretion. For another, the rigid embarrassment between enormous lawsuits and limited jurisdiction resource powerful impetus to enlarge prosecutor's discretion in future.With the analysis above, the author thinks that prosecutor's discretion should be enlarged further. In order to prevent and solve the danger following the discretionary power, lots of measures ought to be taken to perfect restriction mechanism. Therefore, the field where prosecutor's discretion can be used should be enlarged for further, and some other patterns also need to be established。...