Prosecution Discretion Of The Program Control

Discretion power of public prosecution is the concrete expression of discretion powering the public prosecution area.In a narrow sense,discretion power of public prosecution is referred to discretion power of non-prosecution.It is the power that endows the procuratorial organs according to the law.With the power the organs can make the decision that they will prosecute or not after considering the cases with legal prosecution essentials.It has the following features.It is some kind of power of option and has relative freedom and character of procedure and substantiveness.Discretion power of public prosecution has theoretical base and practical meaning. It's the common tendency that the range of discretion power of public prosecution will constantly expand.Due to the expansiveness,danger of the abuse of power and the effectiveness of the power restriction,we should control the power from its procedure. Many countries have formed relatively fine mechanism of procedure control.Though under the two legal systems many countries have their own characteristics and have different value pursuit,quite a few commonly applicable and regulative practice offer us good models.Our country's mechanism of discretion power of public prosecution control has many defects in both the whole structure and the reasonableness and operation ability. Under our specific legal context we should refine it.Our mechanism of procedure control can be divided into two parts:before and after the exercise of the discretion power of public prosecution.It includes case examination and the bringing-up,notification of advice,hearing procedure of non-prosecution and supervising procedure of people's supervisors.In addition,it also includes the announcement and service of the non-prosecution decision,higher procuratorial organs' reconsideration procedure and semi-prosecution procedure.