The Research On The System Of Withdrawing Public Prosecution

The suit right of the public prosecution case is brought to a change, is a modern an important part in the criminal justice system. Whether to withdraw the public prosecution in our country, prosecutors shall enjoy the right of discretion, through the withdrawal of public prosecution can better achieve the lawsuit fairness and efficiency value, play the role of protecting human rights. In our country, due to the lack of legislation and the highest detection and method of judicial interpretation of sweeping, caused the withdrawal of public prosecution in the theoretical circle of chaos in the controversy and applicable in practice. Therefore, from the perspective of scientific standard procedure and litigation system, improve the system of withdrawal of public prosecution is of great significance.This article first has carried on the scientific definition to the definition of the withdrawal of public prosecution, clarify the nature of the withdrawal of public prosecution and effectiveness, the expression for the withdrawal of public prosecution legislation experience; Next to the withdrawal of public prosecution in the judicial operation exists in reality and incentives are discussed in this paper; The deep analysis from two aspects of theory and practice, analysis is not enough, draw lessons from advanced experience, the procuratorial organs in China is proposed to withdraw some ideas of prosecution system, puts forward several Suggestions on the improvement of the withdrawal of public prosecution system。...