Study On The System Of Prosecution Withdrawal

In the practice of the running of our justice, the withdrawal of prosecution is used in high frequency, just like a kind of legal procedure.However, since the lack of legislation in this field, there exists many problems under the system of prosecution withdrawal, especially in the aspect of protecting the rights and interests of defendants.Due to the change of the aim and value of the criminal procedure, the existing system of prosecution withdrawal has become the tool for the justice department to elude the law.Therefore, the author argues that we should abolish the system of prosecution withdrawal:The first chapter is written from the view of the right to public prosecution, introducing the foundation of the birth development of the system of public prosecution in China.The second chapter concisely sums up the rule of the prosecution withdrawal under the system of Common Law and Civil LAW, and also the regulations of it in China.The third chapter analyses the non-justice of the system of prosecution withdrawal from the point of view of the aim and value of the criminal procedure.The forth chapter, from the aspect of the right and interests of defendants, researches into the problems which aroused under practice of the prosecution withdrawal.In the last chapter, from the theory of the legal ladder and combined with the analysis on the problems discussed above, the author argues that we should abolish the system of the prosecution withdrawal.