Abuse of Public Prosecution and the Model of its Control System

Abuse of public prosecution includes abuse of prosecution and abuse of non-prosecution.Abuse of the power causes restriction of the power absolutely.Through the analysis and comparison of the control system to abuse of prosecution and abuse of non-prosecution in different contries of the two geneology of law,the paper shows that inquisitorial Model and Adversary is different,in which common law countries have wide discretion prosecution organ of power and the action does not exist,and the corresponding mechanism of continental law system country prosecutors discretion scope is limited and controled strictly,there are two major legal authouity restriction mechanism,prosecutors charged,and using the judicial control mode.