Study On The Relationship Of Restriction Between The Jurisdiction And The Right Of Public Prosecution Restriction

"All those who have power are easy to abuse of power,this is an unchangeable experience of all ages,people who have the right to use power will end only if they meet limits." Based on the above theory,power must be under supervision.Power without supervision will inevitably lead to corruption and the loss of credibility,which has proved to be true in practice.Criminal litigation is specialized state organs in accordance with the procedures as provided by law, to solve the accused person of criminal responsibility. In this activity, both jurisdiction and the right of public prosecution has huge power given by the state, and must be of a criminal suspect or the defendant and the victim rights greatly. However,In the judicial practice,the supervision and restriction between jurisdiction and the right of public prosecution is confuse,the cooperation with each other is being paid more attention to,at the same time,the mutual redirection is being ignored.Based on the above reasons,the misjudged case Have occurred from time to time.Of the abuse of judicial power and the right of public prosecution in our country at the present time, this article embarks from the jurisdiction and the right of public prosecution restriction relationship between each other, talk about how to better regulate the exercise of jurisdiction and the right of public prosecution, to prevent its abuse.This paper studies the jurisdiction and the right of public prosecution restriction mechanism, on the basis of the principle of power restriction, through the research of the existing public prosecution right of prosecution and restriction mechanism of judicial power, decided to not litigation, the prosecution change, sentencing suggests and the right to protest, and toward jurisdiction litigation right restriction mechanism of public prosecution review mechanism, the prosecution change system and the protest to withdraw restriction mechanism, clarify the status,analysis of the defect, put forward Suggestions and measures of perfecting its mutual restriction mechanism.