A Study Of The Withdrawal Of Criminal Cases With Approval Of Arrest By The Procuratorate During The Phase Of Case Examining And Indictment

Along with the speedy development of the society, because of the complication of the diversified crimes and the intelligentization of the criminals, in the criminal procedure, during recent several years in the legal practice, a problem that the number of the criminal cases with approval of arrest not been indicted successfully is steadily increasing is led by the phenomenon of "pending proceeding" caused by the reason that the chain of evidence cannot be established and the law cannot be exactly applied according to the unclear fact and the insufficient evidence during the phase of case examining. From the point of improving procedural efficiency and standardizing procedural work, this paper will briefly review the reasons, the problems and the harmful impacts of the withdrawal of cases with approval of arrest by employing the empirical analyzing method, and combining with practicality, will present some instructive thoughts on withdrawal of cases from the standpoint of the criminal case examining and indictment, for that the legislature and the judicial authority could attach importance to the problem of the withdrawal of cases during the phase of case examining, and put forward the tentative ideas about the perfection of the system of the withdrawal of criminal cases from the perspective of assurance of human rights and procedural constitutionality.The text is divided into three parts:Part one is the overview of the proceedings of the withdrawal of criminal cases. This part mainly sets forth the following five aspects:the definition of the withdrawal of criminal cases, the main characteristics of its proceedings, its jurisprudential basis, its nature, and its actual condition.In the second part, the status quo and the cause of the criminal cases with approval of arrest been withdrawn by the investigative organ during the phase of case examining will be well analyzed. This part includes three detailed aspects, as follows:the operation condition of the cases with approval of arrest been withdrawn by the investigative organ, the negative impact of the withdrawal during the phase of case examining which is called "procedural backflow", and the general causations of the proceeding of withdrawal.The last part will propose the methods of perfection and development of proceedings of criminal withdrawal by means of reforming the management system, perfecting the withdrawal proceedings systematically, and perfecting the remedy mechanism for both the victims and the suspects for achieving better legal results.