The Prosecutory Discretion

Comparing with Judge’s Discretion,the Prosecutory Discretion is the power that the prosecutor in the prosecution procedure determines whether or not to prosecute against the criminals when the facts are clear and evidences are adequate in the criminal cases. Because all sorts of reasons,the theoretical research on Prosecutory Discretion in China is not as sufficient as that on the Judge's Discretion. The Prosecutory Discretion plays an important role which relates investigation procedure before it and which starts try procedure behind it in criminal law suit,and to great extent,it determines whether or not to continue the subsequent procedure. Therefore,it carries very high systematical value on itself. Especially,in the trend of judicial system reform,studying on it is to be more of great realistic significance and far-reaching historical significance. In the present,the system of Prosecutory Discretion in our country has some defaults and the consequence of its practice is not satisfactory either. Urgently,it needs further improvement and consummation.