Analysis Of The Prosecutorial Authority's Discretionary Power From The Perspective Of Public Prosecution Practice

The system of public prosecution discretion is an important part of China's criminal litigation system,and it is also one of the specific measures to implement the criminal justice policy of tempering justice with strictness.In recent years,in order to cope with the increasing number of cases and the limited availability of human resources and financial resources of the judiciary,the legislature has tried to give the procuratorial organs a discretionary power through legal aspects such as the Criminal Procedure Law,in an effort to save judicial resources and improve litigation efficiency.The emergence of the discretionary power of public prosecution also contributes to the reform of criminal suspects and the prevention of recidivism.It is an important manifestation of the principle of respecting and guaranteeing human rights and the principle of efficiency in the criminal procedure law in the procuratorial power.However,due to many factors such as the national sentiment and institutional design of guilty and impunity,the practice of public prosecution discretion in China has not been as legislative.With the development of criminal litigation,the trend of continuous expansion of public prosecution discretion has become inevitable.We should respect and follow this trend.On the one hand,we should expand the scope of application of discretionary power through legislative channels,improve its supporting mechanism,and encourage inspection.The official fully exercised the existing discretionary power of public prosecution in accordance with the law,and promoted the development of a lenient system of confession and punishment.This paper will analyze the system of public prosecution discretion in the theory and practice.It will be the origin of the system,the legislative evolution,the research results of the extraterritorial research and its own concepts,characteristics,the shortcomings in the practice and the problems that need to be solved urgently.Suggestions and related suggestions for perfecting China's public prosecution discretion.Public prosecution discretion plays an extremely important and even core position in the theory of public prosecution,and it is an extremely important power derived from the right to prosecution.The public prosecution discretion is an important hub in the criminal litigation operation mechanism,and its selection and diversion functions have been increasingly concerned by the academic and practical circles.The emergence of public prosecution discretion has its own legitimacy foundation,and it has a tendency of universal existence and continuous expansion in the overall development of criminal litigation.From a practical point of view,whether a public prosecutor can fully and freely exercise the power of public prosecution will not only affect the quality of case handling and the efficiency of case handling,but also the value of the current system of confession and punishment.The main content of the specific research:This article is divided into four chapters.The first chapter explores the origin of the discretionary power of public prosecution.Through the extraterritorial analysis,it points out the application methods of the discretionary power of the t.wo major legal systems and their respective advantages and disadvantages.Starting from the reality of our country,find some possible references.The second chapter gives a comprehensive understanding of the discretionary power of public prosecution in China.First,through the analysis of the requirements,combined with the mainstream views and judicial practice of domestic scholars,the definition of public prosecution discretion.Secondly,based on China's existing laws and regulations,it points out the scope and characteristics of the existing public prosecution discretion in China.Finally,the function analysis of China's public prosecution discretion is emphasized,emphasizing the importance and necessity of its existence.The third chapter analyzes the current status of China's public prosecution discretion,and confronts its two major drawbacks.First,the provisions of China's public prosecution discretion have their own shortcomings:1.The lack of legislative design has led to the narrow application of the discretionary power of public prosecution in China.2.The lack of institutional design has led to the lack of sufficient legal protection for the operation of the discretionary power of public prosecution in China.Secondly,from the perspective of the public prosecution practice of the grass-roots procuratorate,the author focuses on some difficulties in the practice of public prosecution discretionary powers since the implementation of the lenient punishment:1.Internal:prosecutors passive use rights,pre-tr:ial detention rate High and non-prosecution application rate is low and so on.2.External:The implementation of sentencing recommendations faces bottlenecks and the adoption rate is limited.The author starts from his own experience and feelings of handling cases and analyzes the causes of the above problems.The fourth chapter combines theoretical development results and judicial practice.From the four aspects of fully exercising the existing public prosecution discretion,improving the effectiveness of sentencing recommendations,expanding the scope of application of public prosecution discretion,and improving related supporting mechanisms,this paper proposes a perfect way for China's public prosecution discretion.