Prosecution Forabuse Of The Right Of Prosecution System

Procuratorate, as the country's legal supervisory bodies, in accordance with the law and also perform oversight functions on behalf of the State to exercise criminal prosecution powers. Oversight or prosecution also functions, though only a procedural powers on, but it has real impact on the exercise of the consequences to the prosecution of persons of entities, to bring the prosecution of personal and property interests as well as some intangible harm. With the development of society, more and more social relations were included in the adjustment range of criminal law, the situation in the Leniency policy implementation process, the discretion of the prosecution's indictment is also expanding in China's judicial practice from time to time prosecutors in a variety of criminal misuse of the phenomenon of recourse. Prosecution of human rights if they are difficult to achieve effective protection, the value of legal fairness and justice will be difficult to demonstrate, is bound to become obstacles to building a socialist country ruled by law. Protection of human rights worldwide under the influence of exercise, how to effectively protect the suspect, the defendant's legal rights, as countries in the world of common concern. Therefore, how to effectively supervise the exercise of power to prosecute prosecution, has become a serious problem.This sub-analysis of prosecution from the power to prosecute cases of abuse to start to identify the problems reflected in the case, then the situation of the case reflects the combination of judicial practice, leading to the prosecution summed up the abuse of prosecutorial power of three reasons: the prosecution to exercise prosecutorial power by political and administrative factors intervene, the prosecutorial power of the internal operation mechanism is flawed, and China's current procedural law of criminal suspects and defendants the right to protection provisions are inadequate.To achieve an effective recourse against abuse of the prosecution's purpose, it is recommended upholding the leadership of the party on the prosecution case, the independent exercise of prosecutorial power to ensure the prosecution of this principle is fully implemented, the prosecution is not the exercise of powers of local executive power and the party leading cadres of the interference; reform prosecution leadership structure, from the human, financial, material and business leadership to strengthen the prosecution of the lower superior leadership prosecution oversight mechanisms to prevent abuse of power. At the same time, protect the prosecution of persons from the perspective of equity, to expand the scope of lawyers involved in litigation to ensure that in the investigation, arrest the suspect have access to stage right of defense, the prosecution has provided to the suspect's obligation to provide legal assistance. And learn from foreign judicial review, made according to China's national conditions and establishment of appropriate systems, conduct the prosecution by the court whether to review the requirements of procedural fairness, to avoid the suspect of malicious prosecution because the prosecution has been prejudiced; establish recourse for abuse prosecution procedural sanctions, to ensure that suspects are not due to the fact that the same was repeated prosecution for the same reason, so as to achieve the purpose of protection of human rights.