2007Journal of Sichuan UniversityRequires access

Prosecution Discretion in Practice:Experimental Research Based on Practical Investigation

Guo Song

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Abstract

In spite of the limited space of prosecution discretion in the sense of deciding whether or not to prosecute,there remain some other acts of discretion based on discretion facts and evidences.Such discretion acts presented in the system context of strictly controlling prosecution discretion show that our current construct of prosecution discretion needs to be properly adjusted.As to the specific situation of prosecution discretion in practice,the control mechanism should be improved based on properly expanding the power of prosecution discretion.At the same time,it is seriously urged that uniform policy of prosecution should be drawn up and system culture should be fostered in the prosecution institution.

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What this paper is about

In spite of the limited space of prosecution discretion in the sense of deciding whether or not to prosecute,there remain some other acts of discretion based on discretion facts and evidences.Such discretion acts presented in the system context of strictly controlling prosecution discretion show that our current construct of prosecution discretion needs to be properly adjusted.As to the specific situation of prosecution discretion in practice,the control mechanism should be improved based on properly expanding the power of prosecution discretion.At the same time,it is seriously urged that uniform policy of prosecution should be drawn up and system culture should be fostered in the prosecution institution.

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Available abstract

In spite of the limited space of prosecution discretion in the sense of deciding whether or not to prosecute,there remain some other acts of discretion based on discretion facts and evidences.Such discretion acts presented in the system context of strictly controlling prosecution discretion show that our current construct of prosecution discretion needs to be properly adjusted.As to the specific situation of prosecution discretion in practice,the control mechanism should be improved based on properly expanding the power of prosecution discretion.At the same time,it is seriously urged that uniform policy of prosecution should be drawn up and system culture should be fostered in the prosecution institution.

Key concepts: Discretion, Judicial discretion, Administrative discretion, Context (archaeology), Construct (python library), Law, Control (management), Power (physics)

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