Research, Examination And Prosecution Procedures

The procedure of criminal examination and prosecution is a special procedure between the investigation and the trial procedure. It is required to guarantee the parties'involvement, to be open and in accordance with the principle of efficiency. It functions as inspection and correction of investigation,reconstruction of crime scene,filtration and diffluence of cases and outside control of the jurisdiction. We can better understand the procedure if we do two levels of classification to the prosecution power:prosecution claims and prosecution decisions. Correspondingly, we can see two models of the examination procedures:the Monopoly model (Attorney-controlled model) and the Decentralized model. According to the inspection of the procedure abroad, we can see the common characteristics and trends: the continuous expansion of prosecution discretion, the strengthening of restriction mechanism and the full involvement of the parties. This is also the practical background when we study Chinese procedure.The revision of Criminal Procedure Law has further clarified the function from the prosecution to the trial. Our procedure belongs to the Attorney-controlled model. However, due to underestimation of the subject status of the parties and too much emphasis on the functions of prosecution, our procedure is showing a shortage of transparency and procedural characteristics, which is neither conducive to the effective resolution of disputes, nor to prevent the occurrence of miscarriages of justice. In this regard, we need to further regulate the exercise of the prosecution discretion. According to the law of the negation of negation, we need to exercise the prosecution discretion in more flexible way on the one hand, for example, to expand the scope of relative non-prosecution and introduce deferred prosecution mechanism, on the other, we need to strengthen the subject status of the parties so as to put effective restrict to the discretion of prosecutors.