Research On Case Withdrawing Supervision Of The Prosecution Organ To The Public Security Organ

There are serious problems in the judicial practice of the case withdrawing of the public security organ, such as: non-normalization of the right of case withdrawing, case withdrawing without supervision and restriction, case withdrawing without rescue. The reason for the existence of the problems lies in absence of case withdrawing supervision from the prosecution organ. This paper aims at analyzing the exterior and interior of the problems existed in the case withdrawal in judicial practice, generalizing and commenting on the research results about case withdrawing and its normalization. Besides, learning from the experiments of the advanced foreign countries ruled by law, according to the basic theory of modern criminal proceedings, investigating the basis of the value of case withdrawing supervision from the prosecution organ, from 3 stages of the case withdrawing: litigation structure, principle and regulation system, the paper offers its opinions for the structuring of the system for case withdrawing supervision, aims at improving the system for withdrawal of a case in the revision of the criminal proceedings, and being useful to its final legalization and proceduralization.