Review The Prosecution Process

Censorship and proceeding not only serves as the bridge linking scout and trail, but has its own value. Justice, efficiency, human rights guarantee are the value and goals that Censorship and proceeding pursues. Scientific and democratic censorship and proceeding is of crucial importance to the fulfillment of such goals as justice and efficiency in China's criminal litigation. The existing censorship and proceeding in China's judicial system has such problems as unequal footing and rights between the prosecutor and the counsel, inevitable improper prosecuting, and suspending of no-prosecuting mechanism. Causes may lie in different levels ranging from concept, mechanism and practices. The advancement and improvement of censorship and proceeding should proceed from china's general conditions on the one hand, and accord with the basic theory, value and goals of criminal litigation on the other hand.Besides the introduction, this thesis is comprised of four parts. The first part primarily analyses the nature and status of censorship and proceeding, points out such functions as supervising and guiding scout, lawsuit filtering and initiating trail that censorship and proceeding has. The second part chiefly deals with the value of censorship and proceeding; as a composing part of the criminal litigation, censorship and proceeding is importance in that it's justice, efficient, and can help to guarantee human rights. The third part mainly explores the existing problems of censorship and proceeding in China's judicial system. Based on the thorough anatomy of the censorship and proceeding as above, the fourth part puts forward some suggestions for the improvement of the censorship and proceeding in China's judicial system as follows: firstly, tune up the counsel's right, and ensure the full realization of their rights. Secondly, enlarge the area of no-prosecuting to improve the efficiency of criminal litigation. Thirdly, strengthen the protection for the criminal victim's rights, and avoid the non-performance of the no-prosecuting mechanism.