Study On The System Of Withdrawal Of Public Prosecution

The withdrawal of public prosecution, as an important part of the public prosecution power, involves in affirming the accused person's criminal duty and protecting the right. Most nations in the world give the prosecutor the power to decide whether criminal appeals should be withdrawed. Currently the system of withdrawing the criminal appeals is unsubstantial in theories in our country, because of laggard legislation, vague judicial explains, so there are lots of problems that are needed to be solved. Based on borrowing other nations'systems, the author tries to put forward a reasonable suggestions in withdrawing the prosecution, and tries to design original projects.In the Chapter One "the outline of the withdrawal of the public prosecution",the author firstly defines the conception and character.At the same time, she concludes the theoretical basis:the theories of litigation right;the theories of litigation economic and the theories of prosecutor's jurisdiction.In the Chapter Two "the introduction of the wirhdrawal of public prosecution in other law fields",after simply analyzes and concludes the system and practice of England,America,Japan,Germany,France,Russia and our country's Taiwan district,the author considers whether permit the withdrawal of public prosecution relate to the legislation attitude.In the Chapter Three"the relation and difference between the withdrawal of public prosecution and related systems", the author mostly discuss the connection and boundary about it and nonprosecution system and criminal bargain.In the Chapter Four"the review and reform", after reviewing the history of the sysyem of withdrawal of public prosecution, the author analyzes the problems about the legislation and practice, and gives the primary structure.