Prosecutor Not To Prosecute Discretion

Discretion is an important right to security the justice of judicature. In the contemporary country the prosecute organ is authorized the discretion to prosecute, not to prosecute or recall the prosecution in the criminal lawsuit. However the range of discretion owned by the public prosecutor has quite difference in the different country duo to different history tradition,value notion and real circumstances.The problems related to nol-pros system have been discussed in the thesis from four sides.Firstly, the existing basis of nol-pros system is discussed. As one kind of discretionary power, nol-pros discretionary power is the deliberation disposal power when the law officer executes the prosecutorial power, as well as the main content and embodiment of doctrine of prosecuting discretion. Nol-pros discretionary power is not the necessary content of right of public prosecution, but the law officer's option to prosecution specially empowered or ratified in the law. There are different stipulations of non-pros discretionary power in different countries.Secondly, the prosecution value of nol-pros discretionary power is discussed. The execution of nol-pros discretionary power is benefit to the realization of the justice of cases. In view of economic analytic jurisprudence, nol-pros discretionary power is in favour of the economy of prosecution cost and the improvement of prosecution efficiency. Nol-pros discretionary power can also make criminal suspects in some cases receive better education and reform, which is good for their return to the society. Moreover, nol-pros discretionary power is widely adopted by current different countries, which makes the justice of judicial procedure realized.There are still some shortages on the regulations of nol-pros discretionary power in the ongoing Criminal Procedure Code in China. The scope of nol-pros discretionary...