Study On The Withdrawal Of Public Prosecution

As one of the significant rights of public prosecution, the withdrawal of public prosecution not only influences the ordonnance of function and power between the censorate and adjudgment administrations, the legal rights and interests of the defendant or the victim, but more importantly, it plays important role in the realization of the justice and efficiency of judicature. As a result, different notions have endowed the censorate power to withdraw the public prosecution to a certain degree based on their own conditions. In countries where litigant is the focus of the litigation pattern, the right of the censorate to withdraw the public prosecution is less restricted while in countries where functional section is the focus of the litigation pattern, such right is more restricted. However, all countries attempt to avoid or reduce the abuse of prosecution through restrictive legal regulations. In China, The Supreme Court and The Censorate formulated the system to withdraw public prosecution by legal explanation because present criminal prosecution has no relative regulations. The imperfection of legislation and judicial explanation lead to a series of problems which influence the justice of judicature. The major problems are as follows:firstly, due to the absence of time restriction on withdrawal of public prosecution, judicial authority and interests of defendant have been damaged. Secondly, owing to the absence of a definite reason to withdraw public prosecution, the scope of withdrawal public prosecution has been extended in practice. Lastly, due to the absence of regulations to control the withdrawal of public prosecution and to offer necessary aid for the defendant or the victim, it is more likely for the censorate to abuse rights. Thus, it's necessary to better the Chinese system of the withdrawal of public prosecution to regulate the practice. Based on the reflection of the legislation of the withdrawal of public prosecution, examination of the practical problems and the experience of foreign legislation, this thesis brings forward the preliminary assumption of bettering Chinese system of the withdrawal of public prosecution from the following aspects—the time limit,the reason, the restriction, and the relief.