Comparative Review on Restriction of the Right of Public Prosecution

Proper prosecution concerns state power to punish crimes and private right protection. For standardize proper enforcement of right of prosecution, many countries restrict the power to institute prosecution from aspects of requirements to commence an action and review procedure, and limit non-prosecution discretionary right with procedure. Prosecution organ should examine the cases to be prosecuted from standard of evidence emphatically and bring the prosecution into the scope of judicial review. The standard of evidence of prosecution should not lower and the restrictive system of non-prosecution discretionary right should be improved.