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Legal Control on Relatively Nonprosecution of Post Crimes

Author: SunKai
Tutor: DaiShuangXi
School: Inner Mongolia University
Course: Legal
Keywords: functionary crimes relatively not to prosecute discretion power of public prosecution legal control
CLC: D925.2
Type: Master's thesis
Year: 2011
Downloads: 53
Quote: 0
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Abstract


At present, the situation that functionary crimes are so rampant and such crimenals are endless in our society. According to law, functionary crimes are investigated and indicted by the procuratorial organ. Because functionary crimes are different from other crimes and that the legislative system and judicial system in our country are not so perfect,with the affecting of other reasons, the abuse of prosecution right of deciding whether to take the suit for those functionary crimes exists in practice, and this phenomenon violates our legal authority and the values of fairness and justice of law, it also has greatly bad effects on our national and social interests, and it hinders the smooth progress of anti-corruption struggle. Therefore, a reasonable, effective control of the practice that prosecutors should execute their rights of deciding whether to take the suit for those functionary crimes is necessary, this kind of control not only fits the need of the values of fairness and justice, but also correspond with the situation of preventing and controlling the spreading of functionary crimes.In legislation and practice, through such controlling legal measures as gradually establishing and implementation of criminal hearing system, pushing forward the procuratorial integration and perfecting our country’s Procuratorial Committee System, filing censorship system and the people’s supervisor system to achieve the legal control and supervision on procuratorial organs abuse relative of abandonment of right,above measures have an important role.

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