Research On The System Of Withdrawal Of Public Prosecution

As an important part of the criminal proceedings system, the withdrawal of public prosecution not only has a profound theoretical foundation, but also makes huge contribution to the improvement of litigation efficiency, the protection of human rights and the realization the litigation justice.etc. In light of different situations, most countries or regions give the prosecutor the right of public prosecution withdrawal to some different degree. Because of laggard legislation, vague judicial explanations, currently the system of public prosecution withdrawal is unsubstantial in theories in China. So there are still many issues to be resolved.On the basis of the legislation and theory of the public prosecution withdrawal both in China and other entities, my thesis argues from the theoretical perspective of the public prosecution, pointed out the legal basis of the institution, reflecting on the legislation and reviewing of the judicial practice problems of the public withdrawal prosecution system in our country, then put forward the inadequacies of the system in our country both theoretical and practical and puts forward some superficial ideas on how to perfect the institution, hoping the relevant legislation and practice will be more scientific and reasonable.This paper is organized as follows:Section one:the overview of the withdrawal of public prosecution. This section reveals some basic information in order to draw a whole picture of this system. This section firstly discusses the nature and effectiveness problems of the prosecution withdrawal system, and then analyzes the difference between the prosecution withdrawal system and the criminal non-prosecution system and prosecution change system.Section two:the theoretical foundation of the prosecution withdrawal system. These legal ideas such as the doctrine of separation of judgment and prosecution theory, the convenience and economy of prosecution, the economic benefit of the public prosecution, the concept of human rights protection and prosecutors objective obligations, provide the solid legal foundations for the prosecution withdrawal system. The prosecution system helps correcting the prosecution deviation, fits the litigation value of substantive justice and procedural justice and improves litigation efficiency. Also, it proves itself to be an indispensable part to reality legitimacySection three:the prosecution withdrawal system in other law fields. This part is based on the investigation on the prosecution withdrawal systems in other countries, regarding to the prosecutors discretion mode, restricting or banning mode and court for judicial review mode. Our analyses involves UK, US, France, Germany, Japan and Taiwan area of our country, briefly summarize out the limitations of prosecution withdrawal system about time, reason, etc. in other law field.Section four:the problems of the prosecution withdrawal system in our country. This section briefly looks back the history of the prosecution withdrawal system in our country, and mainly reviews of the problems existing in the public prosecution system from two aspects of legislation and practice.Section five:Some deep thoughts on improving the perfecting our country prosecution withdrawal system in china. Aiming to solve all the problems we discussed in the previous sections, in the previous chapter, puts forward the corresponding suggestions about norm of the time, reason, number, relief procedure and other aspects of public prosecution withdrawal system.