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Study on the Discretion Power of Public Prosecution

Author: WangZuo
Tutor: ChenYuZhong
School: Hebei University
Course: Procedural Law
Keywords: Indictable discretion Prosecution ' System Regulation
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 15
Quote: 1
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Abstract


The indictable discretion cheap from the end of the 19th century, the rise of the prosecution ' , the is the transmutation result of the right of prosecution . Modern country ruled by law , the public prosecution discretion as mobility power of expedient control of the proceedings , has become the basic attributes of the right of public prosecution , reasonable exercise of the indictable discretion to some extent make up for the rule of law limitations and rigidity , individual justice , saving litigation resources , and safeguard judicial justice , improve judicial efficiency is of positive significance . The indictable discretion involving prosecution right position in the entire criminal justice system and the role of major theoretical and practical issues , correctly grasp the content and nature of an indictable discretion is of great significance for the correct understanding of the criminal justice system of a country . This article briefly describes the historical development of the indictable discretion History examines the concept and content of indictable discretion , the practical value of the applicable principles of these three basic theoretical issues , further clarified theoretically basic understanding of the concept , and clear of his own views. This paper examines two legal systems the indictable discretion main content and related systems in specific institutional level arrangements , based on the comparison and analysis reveals Two Schools indictable discretion in the basic principles , scope , and restraint mechanisms and plea transaction problem on the similarities and differences . Lastly , combing our current legislation and judicial interpretation , and practice analysis and evaluation , to further clarify our the indictable discretion in the legislation , practice and theoretical problems , and to solve these problems and how to improve our public prosecution discretion put forward their point of view .

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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