Discussion On The Right Of Discretion Of Public Prosecution

Widespread public prosecution discretion in public prosecution phenomenon in the process of running the development, theory research of prosecution discretion is helpful for the right of public prosecution. This book aims to research the discretion of public prosecution, legislation based on our national and judicial practice, the discretion of public prosecution system in China were rational analysis, put forward to perfect the theory and system construction of China’s public prosecution discretion.The book consists of four chapters.The first chapter gives an overview of prosecution discretion. The first chapter of the right of public prosecution are analyzed in the development of our country, this paper briefly introduces the development history of public prosecution discretion. And the preliminary understanding to the discretion of public prosecution, the author agrees with the definition of Davies, the discretion of public power limit is defined as the internal act and omission in the freedom to make choices, the discretion of public prosecution is the main body of public prosecution in the prosecution of the enjoyment of the process within the boundaries, make free in all possible options. At the same time, the author believes that compared with the discretion of public prosecution and discretion has its particularity. This chapter is the theory basis of discretion of public prosecution has been demonstrated, mainly carries on the proof from the historical premise, practical reasons, ideological foundation three aspects.The second chapter discusses the discretion of public prosecution mode. The advantages and disadvantages of this chapter from the prosecution of legal mode and the prosecution cheap pattern meaning, typical legislation and mode are discussed in detail, and selected USA and Germany as representative countries of public prosecution cheap mode and the legal pattern analysis. Then the fusion of two kinds of models in section third of the trend analysis. The third chapter mainly discusses about the practical experiences of public prosecution discretion operation. On the formation of public prosecution discretion, because our country implements the integration of procuratorial work principle,"the reviewers don’t, no trial" problem has been criticized, but the author thinks this problem can be solved by the division of burden system. Prosecution discretion not to prosecute the case in there in the prosecution and, in the prosecution case to selective prosecution, change of charges, supplementary prosecution is to withdraw the prosecution. Increase the criminal reconciliation and the non prosecution of additional content that2013"Criminal Procedure Law" sorry Sue discretion definitely and perfect.The fourth chapter discusses the control of the prosecutor way. First is the source control standard, followed by monitoring of the implementation of external control, finally is the evaluation system to control the orientation of public prosecution discretion.