Font Size: a A A

Research Of Related Issues About Procuratorial Authority's Right To Withdrawing Public Prosecution

Posted on:2012-03-09Degree:MasterType:Thesis
Country:ChinaCandidate:Q Y ChenFull Text:PDF
GTID:2216330371453506Subject:Law
Abstract/Summary:PDF Full Text Request
The withdrawal of public prosecution, is an important right of public prosecution. It refers to an action that after the people's procuratorate litigating public prosecution and before the people's court making judgment to the case, because of certain reasons, according to the relevant provisions of the law, the people's procuratorate decides to withdraw the prosecution and the people's court permits after there review. In many countries of the world and regions, they grant the right of withdrawing public prosecution to the prosecution according to the needs in judicial practice to some extend. It is not difficult to see that the right of withdrawing public prosecution is an indispensable right in judicial practice, having its value and meaning to exist. However, in our country, because of the lack of legislation and the imperfect of judicial interpretation, the right of withdrawing public prosecution is so different from the original intention of legislation in the implementation process that justice and efficiency is difficult to reflect in the criminal procedure. Therefore, establishing and improving the system of withdrawing public prosecution are imperative.This paper mainly studies several related issues about the right of withdrawing public prosecution. The article affirms that the procuratorial organs has the right of withdrawing prosecution. Furthermore, by citing the case of Qiu, his assembling a crowd to disturb social order, the article reflects China's procuratorial organs'various issues in the process of exercising the right of withdrawing public prosecution and present situation and the reasons about the system of withdrawing public prosecution. What's more, the author puts forward some improving measures. The full text is divided into three parts:The first part: presentation of a case. It mainly explains the case. The Qiu et al assemble a crowd to the government to make trouble. Then the procuratorate litigate Qiu et al to the crime of disturbing social order. And later, because of the fact's unclear and the lack of evidence, the procuratorate withdraws prosecution. After supplementary investigation, the procuratorate litigate to the court again to the crime of offence of extortion by blackmail. And after dismissing the suit, he litigates for third times to discovery of new evidence. Finally, the court decision is that Qiu et al are innocent because of their crime being minor and little harmfulness.Part second: analysis on the problem the case reflected. In the first place, this part analyzes its validity on the current legislative provision and the conditions of Procuratorate 's withdrawal; in the second place, this part analyzes the rationality according to the following aspects: limitation of the time to withdraw public prosecution, the court's examination, the condition limitation to litigate again, the number limitation to litigate.Part third: a further discussion to the issue the case refers to. This part mainly have an analysis on the following problems: the legitimacy of procuratorial organs'right of withdrawing public prosecution, time regulation of withdrawing prosecution, judicial review on the withdrawal of public prosecution, limitation of litigating again, the remedy of parties'right. And proposing the corresponding improving suggestions.
Keywords/Search Tags:Prosecution Right, Withdrawal of Prosecution, Judicial Review, Reprosecute, Remedy of Rights
PDF Full Text Request
Related items