A Study The Rosecutors Handling Case Motivation

As prescribed in article129of the constitution in our country:The procuratorate of the People’s Republic of China is the country’s legal supervision organ, this position has been clear about the procuratorial organs and prosecutors law supervisors. Among them, the prosecution function is the core and the most basic functions. The prosecutor should consider the specific facts and circumstances of each case. All the defendant and the victim is not the same, is not exactly the same case, prosecutor needs for different processing condition. Because under the current legal system in our country, prosecutors have the discretion not to prosecute, so relative to no discretion to prosecute cases, prosecutors will alone in handling not to prosecute the case better. Our country law not to prosecute discretion mainly reflected in the relative not to prosecute the applicable. Reasonable application of the free evaluation non prosecution is beneficial to save judicial resources, improve the proceeding efficiency, embody the criminal policy of combining punishment with leniency. However, any system need people or institutions to implement, when the prosecutors make free evaluation Non-prosecution decision should restricted by many internal and external factors. As independent individuals, prosecutors have their own thoughts, which is natural for the disadvantages, As a result, the prosecutor in exercising its right of imposing no prosecution discretion, handling of the case is different. This paper takes S District in Y province P city as an example, to analysis the status of procuratorate using the free evaluation non-prosecution, finding many problems, like the applicable rate of the free evaluation non-prosecution was too low, the case of relatively concentrated, relief measures are not perfect, and so on. Aiming at these problems, the author analyzed the causes with the judicial practice, and put forward some improvement measures and suggestions. In order to contribute to the prosecutor can better justice with the authority of the law.This paper is divided into three parts. The first part is to takes the S District in Y province P city as an example, analysis the current situation and existing problems of the free evaluation non-prosecution. Through the analysis of specific cases, Points out problems of the free evaluation non-prosecution application in the judicial practice, mainly displays in six aspects:tend to choose charging from Can appeal or not to prosecute cases; the procuratorate prefer apply the free evaluation non-prosecution; the cases type relative concentration; different judicial compulsory measures effects the application of the free evaluation non-prosecution; suspect doubt has applied to the free evaluation non-prosecution; the free evaluation non-prosecution become the hotbed to avoid litigation risk. The second part is the analysis of the reason of applicable problems with the judicial practice, the main legislation on the relevant provisions are not clear reason, also have the influence of business application evaluation mechanism of the procuratorate in application. The third part is to put forward measures and suggestions on how to limit or change the prosecutors case from system design motive for justice in handling cases of factors play a role, prompt it to tend to the public interests, for the prosecutors to realize the professional ideal of fair law enforcement.