Study On The Withdrawal Of Public Prosecution System

The withdrawal of public prosecution means procuratorate can withdraw a filedprosecution after the procuratorate has already initiated this prosecution, because theyfind the prosecution that are not supposed or there is no need to initiate legalproceeding. The withdrawing of public prosecution is an inherent part in thedevelopment of modern public prosecution theory, and it is also an important right ofpublic prosecution power. The application of the withdrawal of public prosecutionpower has a great impact on the authority balance between prosecutors and the courtsas well as the interests of the litigant, so it is necessary to reconstruct and optimize ourwithdrawal of public prosecution system.The withdrawal of public prosecution system has important value to achievejudicial justice, safeguard the rights of the accused and improve the efficiency oflawsuit. But by sorting out the relevant legislation of our country, we find that theexisting criminal procedure law of the Supreme People’s court and the SupremePeople’s Procuratorate does not prescribe definitely the withdrawal of publicprosecution system, the withdrawal of public prosecution has just been stipulated bythe judicial interpretation, and this is contrary to the principle of legal procedure. Thenthrough the research of operation situation of Chinese withdrawal public prosecutionin the judicial practice, we found the provisions of these two judicial interpretationsfor the withdrawal of public prosecution are quite simple, and the legislativeloopholes courses a lot of problems in application of the withdrawal of publicprosecution.Therefore, based on analyzing the theoretical foundation of the withdrawal ofpublic prosecution system, the author has carried on the comparative study about thewithdrawal of public prosecution system after affirming its function, value and positive significance. In the vertical dimension, the author will review the developinghistory of China’s withdrawal of public prosecution system, and analyze the necessityand possibility of reconstructing the withdrawal of public prosecution system. Toconduct the study of extraterritorial legislation regulation in the horizontal dimension,in order to provide valuable experience and ideas for reconstruction of China’swithdrawal of public prosecution system. After to sum up problems of China’swithdrawal of public prosecution system in the legislation and judicial practice, theauthor will carry on the simple system arrangement in respects of applicative origin ofan incident, time, efficacy, constraint and relief measures of the withdrawal of publicprosecution. Author tries to give overall consideration, improve the relevant legalsystem and regulation of judicial practice, and finally in order to realize thereconstruction and optimization of withdrawal of public prosecution system in Chinaand give full play to its value in criminal proceedings.