From the Value Return to Rational Return: Prosecution Discretion is Delayed with the Pathology and Treatment

2012 points to modify again,on the basis of discretion not to prosecute,and add the attach conditions not to prosecute,further expand the space of prosecution discretion. But at the back of the is that under the present system and the rule of law environment and structure,prosecution discretion to justify structure,there is a lack of program performance is not reasonable, the prosecution discretion benchmark is not clear,not to prosecute insufficient alternative disposal measures such as pathology,seriously has affected the prosecution discretion to cutting the legitimacy and effectiveness,and induce the procuratorial organs based on organizational rational strictly control the action logic of prosecution discretion; Prosecutor is based on the strategic behavior of individual rationality slack exercise of prosecution discretion,make the prosecution discretion idleterrible curing for judicial inertia. Must be from enhancing the legitimacy and effectiveness of prosecution discretion,construction of prosecution discretion to justify procedures, clear standard of prosecution discretion, enrich not to prosecute alternative disposal measures,strengthen social neutrality,increase public understanding of identity,prosecutors,in turn,change the procuratorial organization and prosecutors action logic,realization of prosecution discretion from the value return to rational regression.