Prosecution Of The Doctrine Of Study

In modern society, litigation is not only a legal phenomenon, but also an important mechanism for humankind to control society. The doctrine of free evaluation prosecution and the doctrine of legal prosecution are two basic principles in modern criminal litigation, both playing important roles in criminal prosecution. Since modern public prosecution system appears, it's a general tendency of development from the doctrine of legal prosecution to the doctrine of free evaluation prosecution.Nowadays, doctrine of free evaluation prosecution has been accepted by most countries in the world. The absolute doctrine of legal prosecution is unlikely to effect in today's world. The doctrine of free evaluation prosecution is a widely used principle of prosecution in the criminal procedure. The difference in their practices is the proportions of the doctrine of legal prosecution and the doctrine of free evaluation prosecution in the system of the criminal procedure. The common law countries treat the doctrine of free prosecution as a fundamental principle. The civil law countries treat this doctrine as the necessary supplement of the doctrine of legal prosecution. These differences are mainly reflected by the prosecutors' right of evaluation, and the procedure of the restriction and remedies. However, due to historical and practical reasons, this doctrine has different development paths in different countries: Britain considers this doctrine as the basic standpoint of prosecution, and its prosecutors make judgment on the basis of "public interests inspection"; the United States embodies this doctrine mainly by plea bargaining; Japan is a typical country that implements this doctrine, which is called suspended prosecution; Germany is the first country that proposed doctrine of free evaluation prosecution, moreover, it has given complex and diverse provisions on this doctrine in its criminal procedure law.The embodiment of the doctrine of free evaluation prosecution undergoes the process from the system of prosecution to the system of non-prosecution and realized in our country through the construction of the system of free evaluation non-prosecution. The system of free evaluation non-prosecution in our country endows the prosecutors with the right of free evaluation. This reflects the positive value of the doctrine of free evaluation prosecution. But this system still has many flaws. For example, the scope of application is too narrow,the limitation of the prosecution right of evaluation for the procuratorial organ is not clear and the system of restriction is unreasonable. The doctrine of free evaluation prosecution embodies in our country's prosecution system. But it is applied partly, it is conditional, relativeand incomplete.So we should learn and copy foreign advanced system, and consider our realistic situation, widen the scope and the conditions, construct the hearing proceedings, re-establish the means of remedy. As the result, the doctrine of free evaluation prosecution is applicable and play a positive role in our country.