More Discussion of the Prosecution Standard in China
Zuo Nin
Abstract
Zuo Nin
Abstract
The prosecution proof standard and the prosecution standard are not the identical conception,the prosecution standard must measure the public interests and the criminal policy.From the logic angle,the rela- tion between the two is a kind of contain relation.Several typical nomocracy countries have all made the stipula- tion of the prosecution standard,and the prosecutors were entrusted with the discretion to judge the prosecution standard.In China,it is also important for the People's Procuratorates to measure the public interests and the criminal policy.So,the prosecutors should be entrusted with the discretion of the prosecution standard.The leg- islation must list the scope of the prosecution standard explicitly,hence,the People's Procuratorates can base on it when make the decision of prosecution.
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The prosecution proof standard and the prosecution standard are not the identical conception,the prosecution standard must measure the public interests and the criminal policy.From the logic angle,the rela- tion between the two is a kind of contain relation.Several typical nomocracy countries have all made the stipula- tion of the prosecution standard,and the prosecutors were entrusted with the discretion to judge the prosecution standard.In China,it is also important for the People's Procuratorates to measure the public interests and the criminal policy.So,the prosecutors should be entrusted with the discretion of the prosecution standard.The leg- islation must list the scope of the prosecution standard explicitly,hence,the People's Procuratorates can base on it when make the decision of prosecution.
Key concepts: Discretion, Law, Scope (computer science), Public prosecutor, Political science, China, Criminal procedure, Measure (data warehouse)