Study Of Public Prosecution Discretion

Public prosecution jurisdiction is responsible for prosecuting functions of Prosecutor in the criminal justice activities in one of the major powers. Strengthening public prosecution jurisdiction operation of, on the legal system further improvement and contemporary ongoing judicial reform is crucial.In General, public prosecution jurisdiction refers to public prosecution authority and its members in a criminal prosecution, the legal authorization of situations, depending on the specific circumstances of the case, follow the specific principles, whether the prosecution of the case, how to prosecution and prosecution after change of poking around and make a reasonable decision. Allow the Procedure in criminal cases on the issue of public prosecution certain discretionary space, with proceedings shunt, save judicial resources and improve litigation; overcoming the limitations statute law, implementation of individual justice; easy to criminal policy adjustment function, the value of the play. Public interest principles, legal principles, taking into account the authorized legal effects and social effects and principles should constitute the procedural organs of the exercise of prosecutorial discretion follow three basic principles.China's current code of criminal procedure in the abolition of the immunity system and absorb its reasonable composition on the basis of established non-prosecution system, procedural organs resulting in a criminal prosecution in certain discretionary space. But the overall point of view, there are institutional space narrower, operational procedures are not standardized, restrictive mechanism is not very sophisticated, etc. Cause the prosecution stage program triage function, is not conducive to conserve resources and improving criminal justice litigation; in practice even many abused public prosecution discretion phenomenon, also not conducive to the promotion of criminal evidence in criminal proceedings and protection of human rights. Nevertheless, the procedure has launched in recent years such as postponement, plea bargaining, on the witness to be exempt from criminal responsibility and sentencing, and other reform measures, and these initiatives to a large extent, a breakthrough in the existing law of procedural organs established by the prosecution in the power of space causing system and practice of conflict, on the current system presents significant challenges. At the same time, the current serious criminal cases and the relatively limited criminal justice resource conflicts between the prominent lenience criminal policy has been established, these factors are to further expand the procedural organs of discretionary space provides a strong support.Through the above analysis, the article should be expanded further moderate procedural organ in the criminal prosecution of discretion, while institutionalized from the improvement of mechanisms and foster professional counsel group two level means maximum resolution procedural organs of the public prosecution jurisdiction has the potential risks and ensure a positive function in normal play, implementation of the criminal justice process of rationalization. Accordingly, should be further expansion of the scope of application of the non-prosecution, absorption, additional reforms postponement, and so on, giving full play to the Prosecutor's exercise of prosecutorial discretion positive significance; at the same time improving the discretion operational procedures, combined with the people's supervisor system, setting the perfect discretionary case public review mechanism, reform the existing prosecution restrictive manner, specification of public prosecution, etc., make sure that the change mechanism procedural organs of the public prosecution discretion at the system level to obtain a valid restriction to prevent its abuse. In addition, you also need nurturing professional counsel group, create a good environment for criminal justice, as the Prosecutor's indictment discretion in practice to protect the health of.