The Prosecutor's Discretion To Enlarge The Reforms In China And Restriction Mechanism

The prosecutor's discretionary power is very important in prosecution theory and practice.It is very necessary to study the power systematically, because it permeates various prosecution works.The writer defines the prosecutor's discretionary power, compares the operation mechanism of the power in other countries, analyses the current situation and points out the problems of the operation of the power in our country.To solve these problems,the writer gives some measures to expand and restrict the prosecutor's discretionary power.Besides preface,the text includes five parts.The first part analyses the definition of the prosecutor's discretionary power and judges its value.The writer analyses the connotation,extension and basic characteristics of the prosecutor's discretionary power,judges its value from its causing background and discusses the necessity of its existence.The second part compares the operation mechanism of the prosecutor's discretionary power in other countries.This part first introduces the principles, limitation of power and supervision mechanism of prosecutor's discretionary power operated in other countries, then points out its developing trend.The third part analyses the current situation and existing problems of prosecutor's discretionary power in our country.The writer systematically introduces its limitation and supervision mechanism prescripted in the law and simplely evaluates its current operating situation.On this foundation,the writer summarizes four main existing problems of the prosecutor's discretionary power in our country.The fourth part is reforming measures to expand the prosecutor's discretionary power in our country. This part suggests measures of expanding the scope of relative non-prosecution, making law on reprieve of prosecution,constructing exemption system of blemish witness and establishing limited right of plea bargaining.The fifth part is perfection of the supervision mechanism of the prosecutor's discretionary power in our country. On the base of the preceding discussion, the writer puts forward his view of perfecting restrictive measures of discretionary power of the non-prosecution and changing prosecution such as establishing procedure of hearing of non-prosecution and strengthening supervision of the decision of non-prosecution which is investigated by Prosecution,etc.