Study Of Public Prosecution Of Criminal Cases Discretion

The prosecution discretion during criminal procedure is a kind of legal power(authority) prosecutors enjoy ar.cording the law, by which they can decide whether or not to bring dtirninal charges to courts on account of the concrete circumstances of the case. Tt抯 of great significance for it is a important aspect of the prosecution power(authority) and key hub which profoundly influences the criminal process, and fbi it is exhibited in connection with criminal punishment, humanrights protection and criminal prevention. In this article, the prosecution discretion, as a concrete form of national power, is researched and studied specifically, by logical in accordance with historical method, comparative method and systematic method. The history of the development of the prosecution discretion includes three main stages as following: the stage of the source of thoughts and the original format of the discretion, the stage of forming and developing of that, the stage of expanding and systematizing of that. If the consideration of an ancient person about whether or not to file a criminal charge against someone guilty is regarded as some original format of contemporary prosecution discretion, the evolution process of the prosecution discrct ion could he described as a process of affirmative ----negative----negative抯 negative. Now. owing to the influence of economy, politics and legal thoughts, prosecution discretion is on its negative抯 negative stage which demonstrates a tendency of expanding The genera! characteristics of The operational systems of foreign prosecution power of discretion are: not being limited to only one acting subject, not being limited to only trivia! guilty and the device of procedure and measures of supervision afl(l restriction basically meeting the needs on the whole. the three aspects mentioned above are in fiivor of the function of criminal justice systems and the realization of the aims of criminal justice The subject who enjoys the prosecution power of discretion, the procedure about how to use the power of discretion and the systems of supervision and restriction ate all stipulated in our current laws and regulations comparatively scientifically and reasonably. However, there are still some defects with our relative criminal justice systems. Lou example, the scope of non-charge clisctetion is too narrow, the restriction elements against the discretion is too much, etc. The author, on the basis of analysis of Chinese current legislature circumstances, put forward his suggestions with the intention to improve Chinese systems of prosecution power of discretion. First, the scope of~ the prosecution power of discretion should be properly expanded and the 損ublic hcneflt balance ?principle adopted; secondly, the effective forms of prosecution discretion should be definitely stipulated; Thirdly, the substantial enforcement of decisions in which the prosecutors decide not to bring criminal charge to the courts should also be definitely stipulated, and so on.