Prosecuting And Its Application In China

Nowadays, doctrine of free evaluation prosecution has been accepted bymost countries in the world. However, due to historical and practical reasons,this doctrine has different development paths in different countries: Japan is atypical country that implements this doctrine, which is called suspendedprosecution; Germany is the first country that proposed doctrine of freeevaluation prosecution, moreover, it has given complex and diverse provisionson this doctrine in its criminal procedure law; Britain considers this doctrine asthe basic standpoint of prosecution, its prosecutors make judgement on thebasis of "public interests inspection"; the United States embodies this doctrinemainly by plea bargaining. This doctrine has a profound theoretical basis,presenting the requirements of the restraining principle of Criminal Law andthe preventive aim of penalty. It is a good choice to guarantee the safety of thecriminal prosecution as well as a balance between equity and efficiency. InChina, the doctrine of free evaluation prosecution mainly embodies in thesystem of free evaluation non-prosecution, the system of prosecutionpostponement and the system of public prosecution withdrawal. Thesesystems, which are recognition to the positive value of this doctrine, haveendowed the prosecutors with limited right of discretion. Although there aresome kinds of defects in detailed systems, for example, the practice scope isnot appropriate, the operation is lack of transparency, and the succor system isunreasonable in some systems; Some systems are lack of legal basis, withambiguous legal nature. Therefore, we should fully learn from the outstandingsystem and operation of foreign countries, while at the same time, withconsider to China's actual situation, go further in improving the relevantsystems to enable the doctrine of free evaluation prosecution to play a moreactive role in China.