Research On The System Of Withdrawal Of Public Prosecution

The withdrawal of public prosecution is a kind of lawsuit behavior that procuratorial organs through the statutory procedures, during the legal time, withdraw the prosecution when discover some conditions that it is not supposed or there is no need to initiate legal proceedings against the accused after procuratorial organs start criminal court action against the accused.The withdrawal of public prosecution,as a kind of the change of the public prosecution,is an important part of the public prosecution power,and is also a reflection of the discretionary power of procuratorial organs.The withdrawal of public prosecution have a position in improvement of lawsuit efficiency and protection of human rights,most countries in the world have established the system of the withdrawal of public prosecution.In China,the existing criminal procedure law does not prescribe definitely the the system of the withdrawal of public prosecution,but the Supreme People's Court and the Supreme People's Procuratorate prescribe the the system of the withdrawal of public prosecution in the form of judicial interpretation.Because of the legislation's deficiency and the judicial interpretation's vagueness,there are many problems in justice practice,and the value of the system can't be realized.So it is necessary to found and perfect the system of withdrawal of public prosecution.This article will make deep research on the concept,the nature,the theoretical foundation and the value of the system of withdrawal of public prosecution first of all,then compares and analyzes the system of the withdrawal of public prosecution in the other countries, analyze the evolution of legislation, point out the problems and put forward some reasonable suggestions for the system of withdrawal of public prosecution in the end.Part 1:"the outline of the withdrawal of public prosecution".It firstly defines the concept,the nature,and discusses the connection and distinction beteeen the withdrawal of public prosecution and nol pros system,then analyzes the theoretical foundation and the value of the system of withdrawal of public prosecution.Part 2:"the comparison of the withdrawal of public prosecution".It compares and analyzes the system of the withdrawal of public prosecution in the countries including England,America, Germany,France,Japan,and our country's Taiwan district,and then comes to some conclusions in concise.Part 3:"the analysis of the situation of the withdrawal of public prosecution in China".It firstly reviews the evolution of legislation of the sysyem of withdrawal of public prosecution,then introduces the current situation and analyzes the problems of the system.Part 4:"the improvement of the withdrawal of public prosecution in China".It focuses on the improvement of the withdrawal of public prosecution in China by putting forward some reasonable suggestions.