An Analysis of American Prosecutors' Power of Selective Prosecution - Discussion Based on Cases and Rules

摘要

The selective prosecution system of the United States means that when American prosecutors perform their prosecution functions, as long as not for bribery, discrimination and other reasons prohibited by law, for cases meeting the prosecution condition, they can make decisions to prosecute, not to prosecute, withdraw prosecution and prosecute with different crimes based on discretion. Compared with the extensive prosecution options enjoyed by American prosecutors, Chinese prosecutors have only limited non-prosecution discretion, but no power to choose prosecution. Therefore, in view of the functions of the selective prosecution system such as protecting interests, balancing interests and restricting power, the author seeks their referential part to relief the real dilemma in the field of prosecution in China through analysis of the historical evolution and the main content of the power of selective prosecution of American prosecutors.