The Research On Withdrawal Of Public Prosecution

The withdrawal of public prosecution,as an important part of the public prosecution power,is a kind of alteration of the public prosecution. It plays an important rule in affirming the accused person's criminal duty and protecting the right during criminal proceeding. 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,then it is necessary to perfect this system in the theory,so as to regular the withdrawl in reality.On the basis of the legislation and theory of the withdrawal of public prosecution in some countries and regions overseas, this paper connects with the problems of the withdrawal of public prosecution,tries to give some reliable suggestions to construct the future system of the withdrawal of public prosecution in China from the aspects of time limited,fact,and protecting of right etc.This paper includes 6 parts:Introduction In this part, it cites some cases to give the goal of writing this paper;Part 1: The introduction of the withdrawal of public prosecution. It concerns the concept, preconditions, history of legislation and the debate of theory, then points out the basis of law of its existence.Part 2: The comparison and meanings of the withdrawal of public prosecution. Comparing the system and practices of the withdrawal of public prosecution in the countries abroad with Taiwan from the aspects of mode and procedure of the withdrawal of public prosecution, this part comes to some conclusions in concise.Part 3: The analysis of the current situation of the withdrawal of public prosecution in China. This part introduces the current situation of the withdrawal of public prosecution in China, and then gives some reasons.Part 4: The problems of the withdrawal of public prosecution system in China .This part analyzes the problems of the withdrawal of public prosecution in China, which are controversial issues in practice.Part 5: The reconstruction of the withdrawal of public prosecution system in China ,This part focuses on the research of reconstruction of the withdrawal of public prosecution in China, and then gives some suggestions for legislation. Part 6: Conclusions It draws some conclusions of this paper.