Research On The System Of Withdrawing Criminal Cases

The withdrawing of criminal cases is a way of terminating action, which is referred as cancellation of the case placed on file. The withdrawing of criminal cases is an important criminal action system, includes profound principles and rich values. The procedure of withdrawing of criminal cases is a tool to punish the crimes and safeguard the personal rights. It is an important requisite part of a scientific criminal procedure law, and also an important symbol of evaluation of an criminal procedure code. The system of withdrawing cases in our criminal procedure law has been stipulated very general and principled, which results in many questions happening in the judicial practice. As the revision of the criminal procedure law has been incorporated in the legislation plan , the system of withdrawing cases should be revised and completed,safeguarding the personal rights in the withdrawing cases must be paid attention to, and the procedure of supervision and relief for witadrawing cases must be added to the criminal law in order to make the procedure of quashing cases standardized, reasonable and systematic.In writing the paper, with the work experiences ,the author analyses the main questions and their causes existing in the use of the procedure of withdrawing cases, and brings forward his own views about our the system of withdrawing cases.The first chapter briefly discusses the concept, characteristics, principles of the system of withdrawing criminal cases, emphatically analyses the values of the system of withdrawing criminal cases from three aspects ,namely ,the safeguarding of the personal rights, the procedural just and the economy of action.The second chapter briefly outlines the prescriptions of the system of withdrawing criminal cases in the existing laws and other related judicial interpretations, introduces the basic contents of the system of withdrawing criminal cases from four aspects such as the specifications , subjects, procedure and relief of the system of withdrawing criminal cases.The third chapter is the key to the paper. The author analyses the main questions existing in the system of withdrawing criminal cases. The paper analyses the actively withdrawing criminal cases by the examination organs and the proposed quashing criminal cases by the procuratorates and then discusses the main causes for the questions.The fourth chapter introduces the systems of withdrawing criminal cases in the continental legal countries such as Russia, France, Germany and Italia . Considering the revision of the criminal procedure law , the author brings forward suggestions about how to draw on and complete our system of withdrawing criminal cases.