The Detective Law About Prosecutor Discretionary Power

As the prosecutor discretionary power and the keep defect of legal regulation system and the pursuance of procedural benefit is indeed can indispensable in our country. Today we have to say the prosecutor discretionary power still have many disputes about the how scope of the prosecutor’s discretionary power will carry on in the our society? but the essence of discretionary power should be two or more legal system can be chosen. That is one of my view as an post degree student in GUANGXI normal university. According to the issues, now the prosecutor’s discretionary power in our country includes the power of non-prosecution at prosecutor’s discretion. Such as some of the thinks that the doctrine of legal prosecution is the Chinese criminal procedure. The prosecutor’s discretionary in china is undeveloped, though in recent years the range has been expanded, they don’t come from the pressure of procedural efficiency and the general development of the prosecution system. However, there is also lots of fields which can be reclaimed in whole the country, that come from three things:the change of the traditional ideas of criminal procedure in our country, the rapid development of criminal offended during the Chinese social huge reform. The scope of the prosecutor’s discretionary power is very long distance regulation to china. in addition, as the essential guarantee to the prosecutor’s discretionary power, the development of supervising and checking system is vital importance for us. And In the legal countries, the supervising mechanism of prosecutor’s discretionary power mainly indicates on three aspects: they are the mechanism of the higher prosecutor’s view, the judicial review, and the special organization’s observation. Nevertheless thesis gives three ways from different angles:they are the restriction from right and procedure. discretionary power is the element problem needed to be answered in the application of law, so that we can grasp the discretionary power, then the thesis will analyze the prosecutor’s discretionary power, which includes non-prosecution, deferring prosecution, plea agreement system, the power of immunity. The theoretical foundation of the prosecutor’s discretionary power lays in the prosperous of the doctrine of prosecuting discretion。...