Improve The Case Of Public Prosecution To Withdraw The System

Withdrawal of an indictable act of procuratorial organs in the course of the trialproceedings, and its significance in the realization of justice, to protect the legitimaterights and interests, improve the efficiency of criminal justice, strengthen the judicialcredibility. China’scurrent criminal procedure law and relevant judicial interpretations,however, the provisions of the withdrawal of the indictment is too principle ofoperability is not strong, resulting in the withdrawal of the public prosecution in thejudicial practice, saying the only symbolic. In view of this, this paper intends toimprove the public prosecution to withdraw the perspective to study the system ofpublic prosecution to withdraw from the interpretation of the rights in the applicationon the basis of withdrawal of the relevant provisions of the visits South Korea andJapan, reflect on our public prosecution to withdraw the status of the system, analysisof lead to the right to be virtual set the reasons for the improvement of the rights andoffer some suggestions. The full text is divided into three parts, totaling about26000words.The first is the interpretation of the public prosecution to withdraw the basicdefinition. This part mainly consists of the following three aspects: first, the publicprosecution to withdraw the difference with the relevant procedures; followed by thecurrent judicial interpretation of relevant provisions; public prosecution to withdrawthe value of the system, noting that reflect the purpose of litigation to protect thelegitimate rights and interests of the parties, play an important role to improve theefficiency of criminal justice and enhanced judicial credibility.The second part is the system of public prosecution to withdraw the existingproblems in China. Inspection of that part of the main around the public prosecutionto withdraw the system operating procedures on some of the more representative theprovisions commence. Specifically, asked the public prosecution to withdraw themain body of the withdrawal time withdrawal of the case, the procuratorial organs toapply for withdrawal of the conditions and other content. Inspection of the above, inorder to improve our prosecution to withdraw the operating procedures to provide avaluable reference.The third part is to identify and improve the system of public prosecution to withdraw. Starting from the two levels of the legislature and the judiciary, the analysisof our complaint to withdraw the status of the system. First analysis of the proceduralrequirements of the system of public prosecution to withdraw the legislative statusquo in China, carding system of public prosecution to withdraw the current Code ofCriminal Procedure and relevant judicial interpretations. And then from the twoangles of litigation concepts and program design and analysis of public prosecution towithdraw the system hit the rocks because the practice of our criminal justice, whichfocuses on the public prosecution to withdraw the problems and vulnerabilities in theprogram design for the perfect path below discourse to pave the way.The perfect follow-up of public prosecution to withdraw. The problems in thespecific operation for the first part of the discourse in the public prosecution towithdraw, to put forward some suggestions on the perfect path of the program.Specifically, I believe that should begin to improve from the following three aspects:clear withdrawal of the legal characteristics of the original end of the proceedings topermit withdrawal after that, and irreversible withdrawal of the exercise of the right isconditional and make clear and specific provisions.