Mechanism Of Restricting The Right To Public Prosecution

Public prosecution is the legal representative of the public prosecution organ to court, asking the court through the trial criminal responsibility shall be investigated for the defendant’s state power. Public prosecution organs exercise the right of public prosecution in accordance with the law, criminal procedure law can realize punishing crime and protecting human rights in the legislative purpose, Once the abuse of prosecution right, criminal investigation may lead to innocent people. Therefore, in order to supervise the prosecution organs exercise the right of public prosecution in accordance with the law, to prevent the abuse of prosecution right, protecting human rights, the modern country under the rule of law is generally established a comparatively complete public prosecution restriction mechanism, for the start of the public prosecution, change, not to prosecute the conditions and procedures, the procedural rights of interested parties and safeguard to make clear a regulation. Due to differences in traditional criminal litigation value concept, common law countries emphasize the procedure justice and human rights protection, pay attention to the restriction of public prosecution organ to Sue, I’m sorry the restriction of v. are relatively few. The civil law countries because of emphasizing the crime control and the pursuit of real entities, are both stressed to the restriction of public prosecution, also attaches great importance to the restraint of no sue. Although the criminal procedure law of our country gives the public security organ, a people’s court, the victim, was not the prosecutor and restricting the power of public prosecution or litigation rights, however, the legislation still have a lot of drawbacks. This paper attempts to use the power restriction theory, litigation justice theory, litigation efficiency theory to interpret the legitimacy of public prosecution restriction, draw lessons from public prosecution restriction in the major countries of two important legal systems of legislative experience, for the improvement of the public prosecution restriction mechanism in our country to provide legislative Suggestions. This thesis is divided into four parts:The first part, explain the meaning of the right of public prosecution, attributes, and the specific content, the theoretical basis and the necessity of public prosecution restriction.The second part, inspection the public prosecution restriction mechanism of the United Kingdom, the United States, Germany, Japan. Introduction to prosecutors to Sue the countries, not to prosecute, change the legislation survey of the public prosecution restriction, and points out the significance of our country.The third part, this paper introduces the actual state of legislation in the public prosecution restriction and let public litigation right restricting the practice exploration, analysis of the main problems of public prosecution restriction mechanism in our country.The fourth part, determine the perfect our country should adhere to the basic principles of public prosecution restriction mechanism, based on this, puts forward the legislative Suggestions to perfect the public prosecution restriction mechanism in our country. Specific measures:to set up the system of pre-trial restriction to Sue, set up not to prosecute the hearing system, cancel the prosecution private prosecution system restriction not to prosecute, changing prosecution deadline, the people’s court for alteration of public prosecution, given the right of judicial review to prosecution conditions and regulations.