Research On The Restriction Of The Right Of Public Prosecution

In the modern legal state,both the continental law system and the Anglo-American legal system exercise the purpose of protecting the rights of citizens.Normalize the exercise of public power and restrict it effectively is the basis for protecting the rights of citizens,and it is also an inevitable trend.The right of public prosecution,as a kind of public power,is also the most important right of prosecution in criminal proceedings.How to realize the purpose of giving power by law within the scope of the law is the basis for the protection of civil rights.In the process of exercising the right of public prosecution,we should not only forcefully and unswervingly strike the crime,maintain the public interests principle of the state and society,but also use the power carefully to prevent the abuse of the right of public prosecution;at the same time,we should balance the degree of the discretion and the restriction of power,in order to prevent the correction from being correct.This dialectical relationship requires that we should design a perfect restriction system,from the exercise of power,supervision and restriction,to ensure the benign operation of the right of public prosecution.For a long time,our country persists in punishing criminal acts strictly,maintaining substantive justice and ensuring social stability.The procuratorial organs inevitably have the overall value orientation of punishing crime when exercising public prosecution power,and the prosecutors will also have the psychological tendency to pursue the appeal.This idea often makes it easy to ignore the public prosecution in the process of exercising the public prosecution.The fundamental rights of the people objectively urge the restriction of the right to public prosecution to be perfected.In addition,the procuratorial organs exercise their functions and powers in accordance with the law in criminal proceedings,and ensure that the exercise of power in accordance with the law makes the exercise of power on the basis of due process.It is also the basic requirement of procedural justice and the foundation for the realization of substantive justice.Therefore,the abuse of the right of public prosecution not only violated the legitimate rights and interests of the citizens,but also challenged the legitimacy and legitimacy of the procuratorial organs,even let the public lose their trust in the judiciary,influence the judicial authority,destroy the legal construction and cause social contradictions.It is self-evident that its harmfulness is great.From the perspective of legislation in China,the provisions of the current law on the protection of the rights of the accused are mostly reflected in the "no prosecution" system in the process of reviewing the prosecution.However,the restriction on public prosecution is relatively limited,and the restriction on the change of public prosecution is even less.In view of the current situation of the restriction of the right of public prosecution in our country,the author uses the experience of the world to restrict the right of public prosecution and combines the practical experience of the author to prevent the abuse of the right of public prosecution from all angles and complete this article.This paper is divided into the following four parts:The first part,analyzes the attribute,definition and content of the right of public prosecution,and discusses the necessity of restricting the right of public prosecution from four aspects:guaranteeing human rights,balance of power,saving the cost of litigation,and the unity of substantive justice,procedural justice and litigation benefit.The second part,according to the exercise of the right of public prosecution in a different way,analysis of Anglo-American law system and continental law system countries how to restrict public prosecution,comparative study of different law system,state how to restrict public prosecution organ to Sue,decision not to prosecute and change of public prosecution.The third part,from the current legislation,institutional setting,power constraints and other aspects to analyze the current situation of China’s public prosecution power and the lack of judicial practice.The fourth part,from two aspects of the macro principles and concrete system,Suggestions are put forward according to the how to perfect China’s public prosecution restriction,macro level should stick to the rule of law,equality and independence,defendant,balance of prosecution right,to program public principle,the system includes setting dominated by court hearing system restrict procuratorial organs prosecution,set up hearing procedure to limit the power of the procuratorial organs decision not to prosecute,sets the restrictive conditions of the public prosecution,and perfecting the judicial responsibility for life and the people’s supervisor system,and other suggestions.