The Optimal Allocation Of Prosecution

To achieve a just and efficient administration of justice to become the driving force behind the judicial reform。With the gradual progress of judicial reform,optimize the configuration of a division of prosecutorial power a hot issue,on this premise,how to optimize the allocation of the Right of public prosecution into public view. While many scholars to explore the optimal allocation of prosecutorial power, also discussing the reform of public right, but this is dependent on the discussion of prosecutorial power, it failed to demonstrate the right of public prosecution to its own legal status and with the outstanding significance in criminal justice reform. From the prosecution point of view of reform, establishing the right of public prosecution should be the core of the power allocation. The performance of judicial reform to further optimize the allocation of power to achieve a fair and efficient justice. Prosecution system reform has become an indispensable key part of judicial reform. I take the perspective of optimal allocation of prosecution right to discussing the reform of the right of prosecution, and finally prosecution of the right to build a system and mechanism innovation to optimize the allocation of power, in order to achieve timely and effective prosecution of crime, the purpose of protection of human rights. To optimize the allocation of resources is a economic concepts, its main refers to the limited supply of resources and resource co-exist under the conditions of unlimited demands, at the most allocation of resources and to play the best utility. In this article I mainly use of the law and economics analysis method, to discussing optimize the allocation of the right of prosecution. This article is divided into three parts, a total of about 30000 words.The first part is about rights and the right of prosecution and related to the theory of optimal allocation. In this part, the writer consider that, the power of prosecution is judicial claim, it has a supervisory,Initiative,procedural,modesty characteristics. Criminal prosecution is one of the purposes of the right of prosecution, but it also has their function to protect the rights. Firstly, the scarcity of legal resources and the government those who make laws only. Secondly, the number of crime and the types of changes to the national criminal system has brought the reality of pressure. It must be heighten the proceedings under the limited legal resources to Achieving justice, one important aspect is that the optimal allocation of the prosecution. The second part is about the existing public right of configuration and the exercise of prosecution, According to the article, currently, the prosecution has not clear power properties, it lead to prosecution suppressed. Criminal legislative intent is too much emphasizing on the fight against crime, it lead to the prosecution of the right configuration to tilt the fight against crime. The power of prosecution too emphasizing the function of crime failed to protect rights.The third part is about the guiding principles of the optimal allocation of right of prosecution and construction of concretes system. Optimize the configuration of public right must be legitimacy, efficiency and regularity, as well as through the system under the guidance of Construction and relevant supporting system is established to achieve. It including construction of the criminal settlement system,plea bargaining,sentencing recommendations,public interest litigation. In the end, it's about the internal working mechanism of prosecution.