Research On The Procuratorial Discretion In Financial Crimes

With the changes of the times,China's social and economic construction continues to develop,the financial market flourishes,but at the same time,the number of financial crimes has also increased significantly,the contradiction between the cost of crime investigation and judicial resources has become increasingly prominent.How to effectively utilize the limited increase of judicial resources,cope with the increase of financial crimes,improve the efficiency of handling cases,improve the effect of handling cases,has become one of the urgent problems in the field of criminal proceedings in China.Especially in the financial environment of China's rapid development in the past 30 years,the lag and inherent defects in the original laws and regulations,the mismatch between the speed of market development and the speed of system improvement,the lack of financial knowledge and the high degree of participation in the opposite and other social hidden dangers have all led to me.Financial crimes in China have different characteristics and problems from other types of criminal cases and other financial crimes in other countries.Discretion of prosecution refers to the power of prosecutors to decide whether to prosecute and how to prosecute suspects on the basis of legal rules,principles and policies,according to the specific circumstances of the case.In foreign countries,the same judicial organs have greater discretion to prosecute.As for financial crimes,foreign judicial organs are often more cautious in prosecuting financial crimes.The mainstream view in Britain and the United States holds that the key to cracking down on financial crimes is not to prosecute the criminal responsibility of the criminal suspect to the court,but whether there is a pluralistic legal relief mechanism,which can maintain the penalty.Deterrence can also enhance the self-restraint of market participants,while maintaining social order and safeguarding the legitimate interests of victims and relevant stakeholders.With the development of economic globalization and financial market,the research on financial crimes and financial criminal law in China is becoming mature.But generally speaking,most of these research results focus on the Criminology and criminal law,and few articles discuss the prosecution of financial crimes.For financial crimes,if the procuratorate in the stage of examination and prosecution,through considering the characteristics of criminal cases in the new period,the needs of criminal law,social and economic development and other comprehensive factors,actively use the discretion to prosecute,in a comprehensive consideration of the subjective vicious crime,objective social impact and other factors,whether it can taste Trial to adopt a more scientific application of discretionary non-prosecution,conditional non-prosecution,criminal reconciliation and other means of discretion,it is worth further analysis and judgment.The core purpose of this paper is to study how the procuratorate improve the diversified case handling mechanism in the process of exercising the discretion of prosecution in financial crime cases,so that financial cases can be orderly and scientifically flowed before trial by analyzing the prosecution discretion power of procuratorate and combining the characteristics and laws of financial crimes.To save judicial costs,rationally allocate judicial resources,alleviate social contradictions,and give consideration to interpretation and law popularization,further improve the efficiency,quality and social recognition of financial crime cases.This article is divided into three parts.The first part is the theoretical analysis of procuratorate' discretion to prosecute.This paper holds that the discretion to prosecute refers to the power of procuratorate or prosecutors to decide whether to prosecute or not on the basis of discretion in criminal cases with clear facts and sufficient evidence in the course ofexamining and prosecuting cases.Its essence is the rationality of procuratorate or prosecutors according to their application of facts and laws.Know the right to decide whether to prosecute or take other means in criminal cases.This paper first briefly analyzes the basic concepts and characteristics of the discretion to prosecute research and analysis,including statutory,judgmental,independent and so on.Secondly,this paper will briefly enumerate the various means of exercising the discretion to prosecute and analyze the views,including the prosecution discretion of the procuratorate in China in four ways: first,prosecution,that is,to prosecute the accused who constitutes a crime;second,discretionary non-prosecution,that is,criminal suspects have violated the criminal law,but the crime is light.The third is to withdraw the prosecution,when the case has been prosecuted to the court,the procuratorial organ can apply to the court to withdraw the prosecution,and the court to examine and decide whether to grant permission;fourth is conditional non-prosecution,for minors with minor offences.The procuratorial organ may decide not to prosecute if the juvenile involved in the crime complies with the relevant obligations.There are two ways to exercise the discretion of prosecution in other countries and regions.One is to suspend prosecution.The procuratorial organ decides not to prosecute a criminal suspect for a certain period of time,and then decides whether to prosecute or not to prosecute a criminal according to the performance of the criminal.The system of species.Second,plea bargaining,before the trial,the prosecutor and the defense to negotiate,the prosecutor to cancel part of the accusation,downgrade charges and other favorable conditions for the defendant,in exchange for the defendant to make a defense.The second part is the analysis of the discretionary power of financial crimes in China.Firstly,this paper will expound the characteristics of financial crimes in China compared with other countries and regions and financial crimes in China compared with other criminal cases,such as the centralization of financial crimes,the regional ladder of financial crimes,the specialization and networking of financial means of crime,the trend of financial crimes.Expanding and complicating,the subject of financial crime tends to be diversified and professional,and the object of financialcrime tends to be stakeholders.Wait.Secondly,this paper will analyze the current situation and the deep-seated reasons of the application of the prosecutorial discretion of the procuratorate to the financial crimes,including the contradiction and influence between the traditional judicial concept and the current situation of financial crimes,the impact of the singleness of the procuratorialorgans' means on the examination of financial crimes,and the present situation of the comprehensive prevention and control mechanism of financial crimes.Noodles.Thirdly,this article will elaborate the value basis that the discretion of prosecution in financial crimes should possess or embody,that is,to truly embody judicial justice,to scientifically distribute criminal cases before trial,to improve the diversified case handling mechanism,and to ensure that the cases entered the court are treated fairly,including the realization of justice and efficiency.Balance,strengthen the protection of human rights,highlight the effect of interpretation,implement the criminal policy of tempering justice with mercy,and so on.The third part explores the way to prosecute discretionary power in the field of financial crimes in China.Firstly,this paper will briefly introduce the application of the discretion of prosecution in other countries and regions in the field of financial crimes.Then,according to the analysis of this article,the procuratorate in China's financial crimes,discretionary non-prosecution,conditional non-prosecution,withdrawal of prosecution in three cases of classification study,from which to find out the different emphasis,give consideration to the legal effect,social effect can be applied to financial crimes prosecution discretion rules or measures.To further improve the efficiency and quality of handling financial cases,and give full play to the important role of the procuratorate in maintaining the order of the financial market,ensuring the healthy development of the financial market and protecting the rights and interests of financial investors.Finally,there are still some immature suggestions as a supplement.In the field of financial crimes,the procuratorate can decide not to prosecute some criminal suspects according to the circumstances of the case,or refer to China's conditional non-prosecution,criminal reconciliation and other ways to improve the "re-prosecution" We should treat the financial crime and its social impact more objectively.Procuratorate should improve the tendency of "attaching importance to prosecution and neglecting governance".Combining with the characteristics of financial crimes,the procuratorate should examine the conditions of financial crimes more comprehensively,and further clarify and refine the system of discretionary non-prosecution conditions in financial cases and criminal reconciliation in financial cases so as to facilitate the implementation of the procuratorate and actively study the attached articles.The possibility of non-prosecution,criminal reconciliation and other systems,so as to better optimize the allocation of procuratorial resources,safeguard the construction of the national financial system,and promote the healthy and orderly development of social economy.