The Reserch Of Prosecutorial Misconduct And Regulation

In the United States, the prosecutor has almost unlimited discretion, which inevitably leads to the abuse of prosecutorial power. In the judicial practice of the United States, although the abuse of prosecutorial power exists, but its judicial system can still achieve a balance between judicial justice and judicial efficiency. In our country, the prosecutorial organs have limited discretion, but in a certain extent, there still exists the phenomenon of the abuse of prosecutorial power, which will damage the credibility of the judicial justice and the judicial authority to a certain extent. It is necessary, therefore, the author thinks that, from the theory and practice in the United States to conduct a comprehensive analysis of the phenomenon of prosecutorial power abuse, and draw lessons from the United States on the research of the prosecutorial power abuse phenomenon of the restriction mechanism, selectively applied to the regulation of prosecutorial power abuse phenomenon in our country. In addition to the introduction, this article is divided into four parts, about forty thousand words or so.Part I is the overview of prosecutorial power abuse in the United States. This paper begins with the procuratorial authority to abuse the origin of the word, prosecutors have what kind of power, and for what is a definition of prosecutorial power abuse in the United States. After elaborated the prosecutors abuse the manifestation of procuratorial authority behavior characteristic, through to the American literature, summarized the prosecutor in fabricated evidence behavior, delay time of trial, the defendant intentionally retaliatory charge or selective prosecution, to jury selection based on the concept of ethnic or improper words and deeds in a court of law are a typical manifestation of prosecutorial power abuse. This part of the last discusses the types of the abuse prosecutorial, below for the detail of the regulation for the prosecutorial power abuse a backseat.Part II is prosecutorial power abuse background and lead to consequences for the United States. First, this paper expounds the prosecutors abuse cause of prosecutorial power phenomenon. On the one hand is the state itself the cause of the political system, political system of separation of powers itself needs to be given at the discretion of the prosecutor powerful checks and balances in order to achieve the purpose of the judicial, on the other hand is the ideology of the United States, the judge based on respect for the prosecutor has been reluctant to make a mistake of prosecutors and jurisprudential attorney given by the civil liability of absolute immunity. Secondly, this paper expounds the serious consequences caused by prosecutors abuse prosecutorial power. Liberal democracy is to limit the power, it is just because of the abuse of power of the American judicial system has caused severe, irreparable consequences.Part III is the specific measures to curb abuse prosecutorial. First of all, from the legislative, through the prosecution of criminal sanctions and economic sanctions against these two angles to make the prosecutor responsible. On the criminal sanctions, a judge in the United States are more willing to the prosecutor for a lighter punishment for contempt of court. On the economic sanctions is explained from two aspects of economic sanctions for federal prosecutors and state prosecutors economic sanctions. Secondly, from the professional ethics, because the American prosecutor is a lawyer representing the government, the government should also be subject to the rules of professional ethics and lawyers to regulate the exercise of prosecutorial power. Finally, from the other aspects, such as the prosecutor's internal disciplinary or personnel punishment, the media or the public control and the court proceedings, the prosecution of the prosecution of the abuse of acts of containment.Part IV is to use for reference the experience of the United States, to perfect our containment of prosecutorial power abuse. On the one hand, it discusses the abuse of prosecutorial power in the judicial practice of our country, including the abuse of public prosecution power and the behavior of hiding evidence. On the other hand, aiming at the problems of the procuratorial organ in our country, referring to the experience of the United States, learn from each other, selectively will for us to prevent the abuse of prosecutorial power effective method is applied to our existing supervision prosecution mechanism, improve our country's internal and external supervision mechanism, in order to curb the abuse of prosecutorial power in China.