Research On The Restriction System Of The Abuse Of The Right Of Prosecutio

Power is easy to be abused,as one of the important public power,the public prosecution power is no exception.Meanwhile,compared with other types of power,the power of public prosecution(including the right to Sue and the right to no action)is closely related to citizens' property,qualification,reputation,freedom and even life.Therefore,the prudent use of public prosecution and prevention and control mechanisms to prevent prosecutors and prosecutors abuse of public prosecution power has become an important part of the construction of criminal litigation system in various countries.Some representative developed countries with the rule of law have their own good measures to prevent the abuse of public prosecution power.The second chapter enumerates the abuse of the restriction system of public prosecution power in the United States,Britain,Germany,France and Japan,and analyzes its advantages and disadvantages.In order to prevent the abuse of the power of public prosecution,the British justice of the peace pretrial system;The United States mainly implements the pretrial hearing procedure and the grand jury examination and prosecution system;Germany established independent intermediate procedure and compulsory prosecution system;Examining whether the power of public prosecution is abused is an important function of the pretrial procedure in France.In the context of prosecuting state monopoly thoroughly,Japan has established the procuratorial review committee and quasi-prosecution system to restrict the possible abuse of the right of public prosecution.The above system design in developed countries with the rule of law can provide useful reference for the reform of China's litigation system.As far as China is concerned,the systems to restrict the abuse of the power of public prosecution mainly include the coordination of cases by political and legal commissions,the supervision of individual cases by people's congresses,the reconsideration,review and examination and approval of internal cases of public prosecution by procuratorates,the examination of opinions of procurators by procurators and procuratorial committees,and the system of people's supervisors.This paper will summarize the characteristics and achievements of the existing restriction system of abuse of public prosecution power in China,but needless to say,there are still big problems in these restriction systems.Unreasonable pretrial examination procedure;The system of public prosecution to private prosecution has defects;Sorry for the poor restraint of the discretion;The supervision effectiveness of the people's supervisors is weak;The independent exercise of the procuratorial organ's power of public prosecution is interfered.This paper puts forward that the main ways to construct the restriction mechanism of the abuse of public prosecution power in China are as follows:learn from the pre-trial mode of the United Kingdom and the United States,establish an independent pre-trial procedure,and have the judge review the public prosecution right before the court to prevent the abuse of the public prosecution power;The judicial control mechanism of prosecuting discretion should be set up,and the "quasi-prosecution procedure" in Japan and the "compulsory prosecution procedure" in Germany should be referred to,so as to avoid prosecutors from passively exercising the power of public prosecution and establish the system of compulsory public prosecution.To sum up the experience and effect of the implementation of the system of people's supervisors for more than ten years,improve the system of people's supervisors,broaden the forms of citizens' participation in supervision,give legal effect to their voting opinions,and set up a hearing procedure for the case of lawsuit;Strengthen the relative independence of procuratorial organs,reconstruct the internal relations of procuratorial organs,and formulate the unified public prosecution policy.At the same time,in the context of the reform of the supervisory system,attention should be paid to preventing the supervisory power of the supervisory commission from overstepping the procuratorial power.