Study On The Withdrawal Of Public Prosecution

The withdrawal of public prosecution system of public prosecution is an important partof the system, including a rich theoretical basis and value of procedure. However, at presentour country about the withdrawal of public prosecution legislation gaps exist, only the judicialinterpretation standard and not perfect, not specific, caused serious confusion in judicialpractice, the abuse of operation. In order to perfect our country’s withdrawal of prosecutionsystem, this paper from theory, legislation and practice deeply into our country the system ofwithdrawing prosecution theory, summarizes the problems in the system of withdrawingprosecution, review overseas withdrawal of prosecution system of advanced experience, onthe withdrawal of public prosecution system’s consummation to put forward the innovation,value sex, feasibility of the conception proposal.This paper is divided into five parts: the first part " the withdrawal of public prosecutioninterpretation " from the withdrawal of public prosecution concept proceed with, elaboratedthe withdrawal of public prosecution nature, theoretical basis, value, the withdrawal of publicprosecution of legal interpretation. The second part " of our country the withdrawal of publicprosecution review " review of our country the withdrawal of public prosecution systemlegislation origin, summed up at present our country withdraw prosecution law, summarizedthe present our country the withdrawal of public prosecution system in legislation andproblems in practice. The third part " on the withdrawal of public prosecution of " introducedthe UK-US legal system, civil law, other countries and regions of the withdrawal of publicprosecution system, analyzes the extraterritorial regions of withdrawing prosecutioncharacteristics and experiences. The fourth part " of our country the withdrawal of publicprosecution is perfect " in the light of our country the withdrawal of public prosecutionsystem problems, from the improvement of legislation, withdrawal time, judicial review,applicable conditions, follow-up procedures, practice in the relevant aspects of the system, putforward to perfect our country the withdrawal of public prosecution system of constructiveideas and suggestions.