On The Prosecutor Discretion In The Plea Bargaining System

The discretion is authority ensure that one of judicial fairness is important. In the civil suit, give a procuratorial organ (public procurator) to discretions such as charging for arguing with no prosecution, to tell business, exempting commonly in the modem times every country. Arguing of public procurator the main body of a book is discussed mainly tells business cutting amounts right. That the diversity, every country public procurator because of history tradition, values and reality tell the discretion range in business system in arguing is to have the pretty big difference.The main body of a book is cut together from big three aspect liberty in having set forth a public procurator telling business system in arguing measure relevant right problem.Firstly, the function has been discussed a public procurator's and their discretion. Procuratorial authority has the administrative power and double judicial powers attribute.Secondly, the fundamental law is that the public procurator argues to tell the comparison trading cutting amounts right. Argue in nineteen centuries USA in the 80's to tell business system. Since two fundamental laws are that country public procurator leading to UK-US genealogy of law and civil law countries in aspect difference charging tradition , legal action with the pattern and culture argues tell the difference trading cutting amounts right allocation. But, this difference is explaining every country in giving a public procurator to the reality arguing to tell business must be tied in wedlock in the homeland when cutting amounts right.Finally, it has discussed that structure founding China is charged for arguing the procedure feasibility consulting and our country public procurator discretion improving and perfecting. The procedure seldom cut amounts since the extant public procurator discretion there is existing the system space cutting amounts right forms in system, is complicated miscellaneous and trivial wait for abuse, be to adapt to building-up charge argue procedure need consulting, should perfect our country procuratorial organ discretion further, perfect to procuratorial organ discretion reasonableness restraint mechanism, ensure that charge argue procedure justness consulting exercises.