The Exercise Of The Public Prosecution Authority In Our Procuratorial Organs

Abusing of civil rights about right of public prosecution means that the institution uses power not according to functions and positioning,leading to huge damage for the cases.Right of public prosecution is in core status of pro-curatorial power.In the procuratorial organs,the right of public prosecution is important,there is nothing can instead of it.It is on behalf of initiation in the proceeding.It is similar to switch of machine.The public prosecution discretion is a kind of derived right,because of it,people can decide if or not prosecute.Not only it can save the judicial resources,but also can safeguard human rights and realize the justice.In practice,people often abuse of power,this behavior take trouble for people.There is a chasm between the operation of the real and theory,because of it there are so much contradiction and conflict.It became a trend to control rights.This paper selects the procuratorial organs of QianShan as guidance,telling us the rules of public prosecution are used and the right to prosecute discretion is how important.Secondly,Introduction to us Right of public prosecution from the reason of the law and main content,then describing actuality and analyzing the cause.Comparing and using for reference method of work from American and Japanese and Combining with our national conditions,analysis of the necessity,but we must build system according to national conditions and take the essence of the bad.The last,throwing out suggestions about our Right of public prosecution from four aspects,they are judicial proceedings,cross-examination,case management and power supervision.