A Study on Internal Supervision Safeguard and Promotion for the Proper Exercise of Prosecutorial Discretion
Deriving from procuratorial power,procuratorial discretion is an important way for procuratorial organs to exercise procu-ratorial power,as well as an effective path for the fulfilment of the procuratorial mission.However,the expansion of procuratorial dis-cretion potentially influences the criminal judicial policy shifts and the implementation of the plea-for-leniency system.Therefore,the exercise of prosecutorial discretion can be optimized by strengthening internal supervision,correctly allocating and balancing power.In terms of the supervision mode,the extraterritorial ways can provide certain insights for China,such as how to balance the relationship between the procuratorial integration and prosecutors,and how to match supervision system;in terms of the specific path,the internal procuratorial supervisory system in China can be further improved and optimized by clarifying the power list,strengthening the coordina-tion of internal and external supervision,optimizing the mode of performance assessment and appraisal,implementing the exemption-from-liability mechanism for duty performance in accordance with the law,and constructing a three-dimensional supervisory network of the prosecutorial discretion,to achieve the organic unity of the high case quality,the efficiency of cases handling and the division of re-sponsibilities.
internal supervisionprocuratorial discretionplea for leniencylist of power
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