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Research On The Right Of Public Prosecution Discretion

Posted on:2014-01-10Degree:MasterType:Thesis
Country:ChinaCandidate:Y YueFull Text:PDF
GTID:2246330398955836Subject:Legal theory
Abstract/Summary:PDF Full Text Request
Criminal legal system construction and improvement is an important way for China toachieve the rule of law. With the continuous development of China’s economic and social as wellas the concept of the protection of human rights is growing in popularity, the problem of theTheory and Practice of Criminal increasingly showing a trend of prosperity.The prosecution right can say is one of the most important rights of prosecutorial power,and therefore the right of prosecution discretion is also more concerned about a system. I intenda broad sense to explore the system of discretionary prosecution right that the prosecution rightDiscretion is the part of the prosecution right, except that the discretion not to prosecute, alsoincludes select the prosecution discretion indictable changes discretion, plea bargainingdiscretion. Characteristics, it has an integral, relative freedom, subject to review as well as thejudicial will to resistance; kind, including prosecution discretion, choose to prosecute thediscretion of Changing Prosecution discretion and plea bargaining discretion.In the modern field of criminal justice, the right of prosecution discretion is a system ofpositive significance, its emergence and development have important practical significance. Inthe course of its development, the penalty teleological gradually replaced Sentences ofRetribution, the prosecution of the doctrine of gradually been established, the relationshipbetween the right of prosecution and prosecutorial power, the right of prosecution and judicialpower is to explore the basis of the right of prosecution discretion. Therefore, the legal basis of the right of prosecution discretion depth Analysis.Common Law countries and civil law countries the prosecution right of discretion toexperience a different development process. In civil law countries, and more likely to take theprosecution of legal principle, but with the continuous development of society and the changingof the judicial practice, prosecution of the principles of the doctrine of the scope of application isalso gradually expanding. In common law countries, prosecutors have virtually unlimiteddiscretion. However, the With Two Schools Trial Mode gradual integration, the Two Schoolscountries system of discretionary prosecution right also gradually beyond their traditional mode,showing the integration of state of convergence. Foreign Investigation has important implicationsfor a correct understanding of the in-depth study of discretionary prosecution right system.Made a basis for profiling and Foreign Investigation of discretion to the prosecution rightbasis, I further analyzed the discretion of the operating mode of the Right of Public Prosecutionin China as well as the characteristics and inadequacies. At the same time, the combination ofChina’s latest revised the Code of Criminal Procedure, to perfect our discretion prosecution rightsettings, and restricting mechanism put forward a number of ideas.
Keywords/Search Tags:Right of public prosecution, Discretion, The statutory prosecution, The doctrine of prosecuting discretion
PDF Full Text Request
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