On The Discretion Of Public Prosecution In The Leniency System Of Confession Of Guilt And Punishment

The discretion of public prosecution is the most important part of prosecutorial discretion,which is a kind of judicial "free" discretion power.The discretion of public prosecution in the lenient system of confessing guilt and punishment has its own unique characteristics.Comparing the discretion of public prosecution in non-confession of guilt and punishment and confession of guilt and punishment,we can see that they are the relationship of particular and general.The difference between them lies in the confession of guilt and punishment.Once the accused confesses guilt and punishment,the prosecutor should exercise discretion in the lenient system of confession and punishment.However,the discretion of public prosecution in the lenient system of confessing guilt and punishment inevitably has some problems,such as incomplete legislative norms,too conservative application of the discretion of non-prosecution,and lack of "sentencing proposal",etc.In the lenient system of confessing guilt and punishment,we need to improve the discretion of public prosecution,improve relevant laws and regulations,clarify sentencing proposals,optimize the discretion of non-prosecution,and enrich the supervision and restriction mechanism in the lenient system of confessing guilt and punishment.Thus it is essential to establish the discretion of public prosecution in the lenient system of confessing guilt and punishment which corresponds to the reality of jurisdiction in China.