Rresearch On The Improper Public Prosecution

The right of prosecution means that the legal public prosecution organ which stands for the country files a lawsuit to the court, asking the court to hold the defendant’s criminal responsibility through the trial. The public prosecution authorities shall exercise the right of prosecution in accordance with the law, and it can realize the aim to punish crimes and protect human rights through criminal procedure law. If the public prosecution organ exercise the right of prosecution improperly, and it can cause the innocent people involved in criminal responsibility.Therefore, in order to supervise the public authorities to exercise the right of prosecute according to the law, to prevent the abuse of public prosecution power, to protect human rights; the modern legal states generally established a relatively complete restricting system of public prosecution, which contain the express terns of the prosecution start, condition and procedure.In view of the improper prosecution, the author hopes to through the ways of analyzing the case and positive, and it can spread the analyses of the improper prosecution in Han Jinwen’s case. Combine the problems in this case, and learn from the legislation experience of the major countries of two legal systems. And provide legislative proposals to restrict our country’s right of prosecution.This paper is divided into four parts: the first chapter, mainly involves the Han Jinwen contract fraud case, introduces the main case briefly, and summarizes the reason of the improper prosecution in the case. In the second chapter, the paper introduces the control mode of the two legal system countries, and analyzes the similarities and differences of the two legal systems and the formation reasons. In the third chapter, we make a further discussion and comment on the problems of the improper prosecution by the public prosecution institution in our country. The fourth chapter is the improving policies of improper prosecution in China.