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On The Prosecutor's Discretion

Posted on:2006-02-03Degree:MasterType:Thesis
Country:ChinaCandidate:Y G AFull Text:PDF
GTID:2206360185969521Subject:Law
Abstract/Summary:PDF Full Text Request
This dissertation points out that the power of discretion is the basis form of prosecutor' exercising his functions and power. When inquiring into the nature and characteristic of prosecutor's discretion, we must appreciate the essence of prosecutorial power first. There are some different viewpoints about the essence. There are two basic models of prosecutor's discretion: doctrine of commencement of action by law and doctrine of prosecuting discretion. At present most countries' general practice is to combine these two models. The present condition of prosecutor's discretion in our country is not perfect. In legislation, the model of discretion is single and the scope of applying it is narrow. In practice, the implementing of prosecutor's discretion is limited and it can not take effect perfectly. Today more and more criminal cases appear. The law should endow prosecutors more discretion and this will be the trend of our country's prosecutorial reform. At the same time, on the basis of enlarging prosecutor's discretion, we should also perfect the check and control mechanism to it.
Keywords/Search Tags:prosecuting discretion, prosecutor, model, present condition, perfection
PDF Full Text Request
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