On The Discretion Of The Procuratorial Organs

The procondition to investigate the discretionary power of the public prosecutor is to have adequate understand of the discretionary power. In order to have a unitive discussion , the discretionary power here is divided into two parts:objective distretionary power and subjective discretionary power . And the latter is what we refer to in the essay. On the basis of the subjective discretionary power,the essay discusses the meaning, the phases of exertion, the form and the core of the discretionary power of the public prosecutor.The discretionary power of the public prosecutor is widely embodied in all kinds of its authorities but mainly embodied in the phase of public prosecution, which is the start of our discussion. In the essay three main forms of the discretionary power of the public prosecutor abroad are introduced, they are discretionary prosecution , the bargin and the exemption power These three forms profoundly embody the jurisprudence of the exist of the discretionary power of the public prosecutor and have prevalent meaning Concretely speaking, the jurisprudence includes three aspects:the historic precondition of its exist,that is the historic change of the aim of punishment;the change of idea , that is the appearance of the idea of non-punishment;the basic reason of its exist, that is the function of distributary of the pulic the prosecutor.The discretionary power of the public prosecutor in our country experienced tow phases:the system of free of public prosecution and the system of comparatively non-public prosecution. The former violates the basic principle of procedure-law, and will bring the abuse of the discretionary power , so it has been cancelled. The latter is in use , but always hinders the exertion of the discretionary power. So what we should do now is to affirm the exist of the discretionary power of the public prosecutor and have a clear idea of our judicial environment, on the basis of which, we should review the necessary condition of the discretionary power of the pubic prosecutor in our country.