The Prosecution Necessity Research Report Of Public Prosecution Case

The prosecution necessity of public prosecution case is the direct product of China’simplementing the criminal justice policy of “tempering justice with mercy” It means that inthe process of examination and prosecution, through the procuratorial organ’s examining andconsidering the criminal circumstance, personal dangerousness of the suspect and socialpublic interests of the case which has clear criminal fact, true and sufficient evident and reallyviolates criminal law, deciding if there it is necessary and valuable to be sued as a publicprosecution case and if it should be submitted to the court for trial. For those that it is notnecessary to be sued, making the decision to not to initiate a prosecution according to thejudgment, for those that it is necessary to be sued, initiating a public prosecution to thepeople’s court with jurisdiction prosecution.The direct reason for examining the prosecution necessity of public prosecution case isthe judicial economy. At the same time, the necessity of prosecution is helpful for therenovation of the offender and is also helpful to increase the harmonious factors and reducedisharmonious factors. However, our country has not established the inspection system ofprosecution necessity. At present, in the judicial practice, due to lack of explicitly stipulationof related rules and other perfection of supporting measures, there are shortcomings inevitablyin the examination measures of prosecution necessity of public prosecution case. In practice,the rule is rarely used, too.This paper will discuss the problem involved in prosecution necessity of publicprosecution case and the suggestion and policy of perfecting prosecution necessity of publicprosecution case, taking the actual application of necessity of public prosecution case ofpeople’s procuratorate in N district, G city as the key point and the actual application ofnecessity of public prosecution case of people’s procuratorate in Y district, W district and Xcountry as reference. In the research, there is investigation about the materials of people’sprocuratorates in N district, Y district, W district and X country’s dealing with the publicprosecution case; there are also some file materials and materials about talking with thecase-handling policemen, all of which are obtained as the first-hand materials. With the helpof the related policemen, I have basic understanding of the problems involved in the application of prosecution necessity of public prosecution case and furthermore, I have someideas about the perfection of the system.There are four parts in the research, a total about20thousand words.The first part aims to introduce the objective, methods and research significant.The second part is about the result of the research, namely, it is a summary about thedealing of the public prosecution case in district, Y district, W district and X country and theelectronic standing book of the case process in2011. There is also an analysis of the currentsituation of the prosecution necessity in judicial practice.The third part is mainly about the problems involved in the prosecution necessity injudicial practice, from the aspects of the scale, review content, supervision mechanism andprogram.The last part is put up with the suggestion for perfecting the system according to theproblems of the prosecution necessity in judicial practice, from the four aspects of enlargingthe scale of the prosecution necessity, perfecting the judging standard and basic principle ofthe examination of the prosecution necessity, perfecting the restrictive mechanism ofprosecution discretion and changing the mode of exercising body in our country.