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Probe on the Procuratorial Organ’s Prosecution Discretion

Author: XiangChao
Tutor: GuoZhiZuo
School: China University of Political Science
Course: Legal
Keywords: Prosecution discretion Status quo Perfect
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 39
Quote: 0
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Abstract


As the socio-economic development , high crime rates , improve judicial efficiency in order to reduce the cost of litigation , prosecution discretion attention . Countries in the world are the continuous development of the perfect the prosecution discretion System in order to maximize its value . This paper is divided into four chapters . Chapter the prosecution discretion overview introduces the concept prosecution discretion , characteristics and exercise , and a brief analysis of the legal basis of the system of prosecution discretion and realistic value . The second chapter is a foreign prosecution discretion Comparative Law , introduced several civil law and common law countries the prosecution the discretion system status and analysis of the differences between the two law systems , causes and trends . The prosecution discretion of the status quo visits , analysis of the relevant legislative provisions and judicial practice . Chapter ideas and suggestions to improve our prosecution discretion . As appropriate to expand the scope of discretionary non-prosecution ; additional deferred prosecution system ; reasonable reference Plea Bargaining ; mechanism of supervision and strengthen the prosecution discretion . This article aims to briefly combing the basic questions of the prosecution discretion based on the foreign system of prosecution discretion Comparative Law for the problems of our current system , I hope to put forward their own views and suggestions on the perfection of our prosecution discretion .

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