Criminal Withdrawn System

The procedure of investigation is the beginning of the criminal procedure. For the reason that the procedure of investigation is the activity of the investigation bodies carrying on personal prosecution on behalf of the state, it exists the danger of investigation body abusing the state power and damaging the citizen individual right. Therefore, in order to guarantee the activity to be able to be carried on smoothly in the legal scope, the rules and regulations of the procedure of investigation must be strengthened so as to prevent the investigative power expanding infinitely and the crime suspect and accused person's authority being damaged irreparably.The full text is about 35000 words and divided into four sections. The first section is about the analysis of the essential of the system of withdrawing criminal case, chiefly through theory angle surveying criminal case withdrawing system. This section analyses the essential, essence and character of the criminal case withdrawing system, which is based on law about the operation of the criminal case withdrawing, and also takes a consideration of the foundation of the justifiability of the criminal case withdrawing. The definition of the essential of criminal case withdrawing system includes four aspects: body, object, the phase of action and the form of decision. After analyzing the essential and character of criminal case withdrawing system, the section induces the concept of criminal condition of action, describes its forming process of theory briefly, and regards it as the clue which will summarize the essence of the criminal case withdrawing system, thus it reflects the inherent regulation of the criminal case withdrawing in the concept frame of the law of legal procedure system. Thinking of legal principle rationality of criminal case withdrawing in the aspect of reality of system exists and lays a solid foundation theoretically. Its basis of legal principle mainly embodies in scientific procedure's amphicheirality, criminal investigation teleology, efficiency of the criminal procedure and criminal investigation relativism and principle of "ultima ratio of penalty".The second section is about reviewing criminal case withdrawing system in comparison method. The reference of foreign successful experience is indispensable, while improving a legal system. This chapter, based on defining to the system essence of the criminal case withdrawing , reviews the legislation situation of conclusion of investigation and criminal case withdrawing from Japan , Germany ,Italy and Russia, and also summarizes something in common that the above-mentioned four countries legislated, in order to draw lessons from now.The third section is about the analysis of the present situation, specialty and contributing factor of the criminal case withdrawing system. It is far from sufficient to base on theory and make reference to experience overseas. The focus must be placed in one nation's judicature reality and emphasizing reviewing the criminal case withdrawing system that practices in our mainland. Only doing as this way can sufficiently suit the remedy to the case, reform the disadvantage, improve the system of criminal case withdrawing, and give play to its due function to the greatest extent. This chapter is mainly divided into three parts. Part one have described on the current situation of our country's criminal case withdrawing system. Part two has briefly recommended the criminal suit of Taiwan which ended in the way of the case with " the administration sign and form ", and then compared it with our criminal case withdrawing system. And then we can get a conclusion that the form of two systems is highly similar, while the nature of the proceedings is totally different. After that, with analyzing the meaning of " lawsuit " briefly and combining the judicial reality of our country, we can get a conclusion that our criminal case withdrawing system does not contain any of the features of lawsuit, but similar to the executive branch of government decision. Part Three has carried on thinking of this kind of current situation and characteristic of our country's criminal case withdrawing system in the angle of the legal principle, and concluded that this kind of reality is caused by comprehensive function of many kinds of factors.The fourth section is about consummating concrete perfection of our country's criminal law case withdrawing system. This part includes the following key part of the improvement: the specific applicable situation of criminal case withdrawing , decision and supervisory of criminal case withdrawing , the standard of criminal case withdrawing , the legal consequence of criminal case withdrawing , informing the decision of the criminal case withdrawing and client's participation in criminal case withdrawing.