On The Mechanism Of The Case Dismissed Under The Procuratorate's Proposal

In recent years,the case dismissed by the pulic security organs on examing by the procuratorates tended to increase year by year.The case dismissed under the procuratorate's proposal has become the third way to terminate the handling.In fact,a large number of the case have been dismissed by the procuratorate's proposal.It suffered the complains from the scholars for illegality.Therefore,it is important to study on the mechanism of the case dismissed under the procuratorate's proposal to protect the right of the criminal suspect and the construction of modern law.The discussion of the mechanism of the case dismissed under the procuratorate's proposal has limited the scope of power exerising by the procuratorate and the core of reviewing prosecution procedure.It does not include the procuratorial investigation organs nor does it include the stage of the supervision of investigation or the stage of withdrawing prosecution.Thus,the mechanism of the case dismissed is that the procuratorate examing the case in the stage of prosecution procedure,suggest the public security organs to withdraw the case to terminate the procedure as a non-lawsuit system.It is a large number of the case dismissed by the procuratorate's proposal and the application rate tends high and normal in some region.The mechanism does not only weaken the balance of the power,but also impair the judicial power of the public credit and the party's just right.The author explain the reasons from the level of the concept of criminal procedure or legal institutions or administration mechanism of the procuratorates to think of the rationality and the legitity.The theorists and practitioners have different opinions on the reform of the mechanism of the case dismissed under the procuratorates proposal.Someone has hold that it must give the power to the procuratorate to dismiss the case without the public security organs'promise. But it is not suit for the reality of the criminal procedure system.Someone has confirmed that the procuratorate has a final decision to dismiss the case under the integration of prosecution and inspection.It is not feasible in the reality and does not meet the relationship between the prosecutors and police.I have the consent of the suggestion to maintain the current structure of the litigation, meanwhile implementing and improving the legislation of the criminal procedure to protect the case distribution properly from the case withdrawing to contain the non-prosecution system.The criminal non-prosecution system needs to expand the scope of the application of the nonprosectution to ascertain the proper right to exercise,while confining case supervision of the people's congress, improving the mechanism of the adiministration and the internal examination ,and so on.