Research On Legal Regulation Of The Improper Prosecution

Improper prosecution refer to the prosecutions which do not meet the conditions of the case to the people’s court litigation. legal regulation gaps of Improper prosecution produce a series of problems, and even lead to a number of miscarriages of justice and the prosecution of a case of multiple scenarios,whether in theory or in practice. Based on the reflection of this phenomenon, the author believe that it is need to build the review mechanism of prosecution, the court should filter cases and dismiss the cases which do not fit the conditions for prosecution before the trial. Accordingly, this paper is divided into four parts to explore the improper prosecution:part one is the outline of basic situations for improper prosecution, explaining the concept of improper prosecution and classifying into improper prosecution in violation of the conditions of the entity,improper prosecution in violation of procedural conditions and improper prosecution in violation of discretion.Part two analyzes the necessity and justification to regulate the improper prosecution: The first is the current our country right of public prosecution and jurisdiction restriction imbalance, as the realistic demand balance between the security;Secondly, the citizens enjoy the right to sue "from improper", the inevitable requirement to safeguard citizen the right;Finally, the limited judicial resources decision must be unfair prosecution, saving judicial resources, protect the litigation efficiency.Part three studies specific practices among United States, Germany and China’s Taiwan region in comparative law perspective, and briefly introduces their overview of institution and legislative status quo,whose purpose is to provide information and experience for construction in China. Problems in other countries and regions where we should attach great importance to the important consideration when constructing the system.The last part is the vision in the legal regulation of improper prosecution, which related to review time, the subject and scope of the review process, the legal effect of disallowance and the remedy process. In all, this paper committed to restricting public prosecution and protecting human rights by building this institution.