Discretion Of Public Prosecution In Our Country

Discretion power of public prosecution is an important right of public prosecution, it plays an important role in the criminal procedure law in our country. The author thinks that the definition of public prosecution discretion should be defined as whether the public prosecution indictment, the prosecution changes after operation form, prosecution and sentencing recommendations. The second part of the article does the concrete analysis to the performance of public prosecution discretion the forms, features, legal basis, and basic principles, values, etc. Then the article introduces the Japan, Germany, the United States and Britain’s public prosecution discretion, on the investigation to the discretion of public prosecution abroad is beneficial to absorb other countries’ reasonable part, so as to perfect our country’s public prosecution discretion. The apply rate of not prosecution discretion is low, sentencing suggestion system can’t effectively play, private prosecution indictment also has certain problem, the lack of public prosecution restriction mechanism. In the face of these problems, part of the public prosecution in China launched a plea bargain in practice, deferred prosecution and sentencing suggestion to reform measures. Measures of these practices break the laws and regulations of our country’s public prosecution discretion. Based on this, the author puts forward some measures to perfect our country’s public prosecution discretion, such as expansion of discretion of public prosecution in our country, for China’s new criminal procedure law for conditional further puts forward some perfecting measures not to Sue system, content, form and the procedure for sentencing proposal and supervision has made the detailed rules, the prosecution change system and puts forward some Suggestions, and finally increase the people’s supervisor system. Finally, I want to make a contribution to the improve discretion power of public prosecution in our country.