On Right Of Prosecution

The right of prosecution is the basic constitutional human right due to its attribute of nativeness , fundamental and equality. The basic constitutional guarantee of the right of prosecution is to increase the democracy of the Constitution as well as ensure the sociality of jurisdiction and the independence of the Judge. It is difficult for the plaintiff to exert their right of prosecution sometimes because the elements of right of prosecution in Mainland China are required too strictly due to the influence of the traditional culture of harmony and non- litigation combined with strict interpretation and examination, which lead to a lot of intractable localized problem. It is necessary to classify the elements of right of prosecution into elements of prosecution and elements of substantive judgment and use different examination procedure accordingly by referring to the foreign developed legislation of prosecution and following the inner rule of enforcement of right of prosecution. The article point out that, in order to guarantee People's right of prosecution, it is necessary to set up scientific notion of dissension and litigation, to establish the concept that the Right of Prosecution is one of basic human rights and to improve the independence of the judicature while we insist to some basic principle such as sociology explanation principle, constitutional principle. We need not only reform the examination organization of the right of prosecution and the way of examination of the right of prosecution but also innovate substantial system such as the judging system and legal responsibility of prosecution system.