The Research On The System Of Withdrawaling Of Criminal Public Prosecution

The withdrawal of pubic prosecution,as an important part of the public prosecution powers,is a kind of alteration of the pubic prosecution. From the theoretical perspective, withdraw prosecution system as a litigation system is often applies to practice, directly decides the process of the case and affecting the legal rights of parties.Most nations and regions in the world give the prosecutor the power to decide whether criminal appeals should be withdrawed, withdraw system in the judicial practice has its necessity and value. However, the laggard legislation and the vague judicial interpretation cause lots of problems that have serious influence the fairness and the efficiency of the criminal lawsuit.So,it is necessary to improve the legislation in this system, and regulate the withdrawal in judicial practice. This paper includes 4 parts:Part 1:The introduction of the withdrawal of pubilc prosecution.It concerns the concept,properties,the basis of law of its existence,the value, then point out the Relationship with the non-prosecution system.Part 2:The comparison of the withdrawal of the public prosecution.Comparing the system and the practices of the withdrawal of pubilc prosecution in the countres abroad with Taiwan,and then comes to some conclusions in concise.Part 3:The history and the problems of the withdrawal of the public prosecution.This part introduces the legislation history of the withdrawal of the public prosecution,and analysis the current situation of the withdrawal of the public prosecution in china,and the point out the problem of the withdrawal of the public prosecution form the aspect of legislation and practice.Part 4:The reconstruction of the withdrawal of the public prosecution system in china.This part focuses on the research of reconstruction of the withdrawal of the public prosecution system in china,and then gives some suggestions of this paper.