Research On The Withdrawal Of Public Prosecution

The withdrawal of public prosecution is one concrete form of public prosecution alteration rights. The public prosecution could be withdrawn if the prosecutor judges that there is no cause to bring a lawsuit after prosecuting. It, as not only an essential means to achieve just and effectiveness of litigation but also a powerful weapon to protect human rights, is conditioned by whether the prosecutor has adequate discretion. However, in Criminal Law of 1996, there are no definite explanations about the withdrawal of public prosecution. So it once aroused many debates on whether the cases with public prosecution could be withdrawn, and caused chaos in use. In order to make up for this deficiency, Supreme Court and Supreme Procurator ate have made a judicial interpretation for this, nevertheless, this interpretation could still not meet the needs of actuality. Therefore, it is meaningful to complete the system of the withdrawal of public prosecution based on the standardization of litigation and rationalization of litigation system.This essay starts from the definition and the domain of the withdrawal of public prosecution. Through the preliminary exposition of its development process in China, the theoretical basis, lying in the demand of'seek truth form facts' 'separation of accusation and trial'and'ism of freedom of prosecution', and the value embodiment of the withdrawal of public prosecution are further specified. Furthermore, the relationship between the withdrawal of public prosecution and the realization of fair litigation, human rights protection and economical litigation is also clarified. In the third part of the essay cases are quoted to analyze the subsistent problems in the withdrawal of public prosecution in China in terms of legislation and justice. In the fourth part, proposals are presented to reconstruct the system of the withdrawal of public prosecution in China, both substantive and procedural.