The Standardization On The Withdrawal Of Public Prosecution

The withdrawal of Public Prosecution cases was established as an important mechanismfor correcting errors for the procuratorial organs, intending to improve procuratorial organs ofthe public prosecution authority, protect the legitimate rights and interests of litigants, andpunish crimes. However, due to the late start and the lack of theoretical studies in China,although the relevant provisions of the Public Prosecution withdrawal has gradually improved,most of the scattered provisions explained in different jurisdictions, rules or judicialguidance。No uniform standard results in confusion in judicial practice. Over the years, due tothe lack of legislation, and indeterminate judicial interpretation, the withdrawal has alwaysbeen a weak link in indictable cases. There are many problems in practice to be solved.The paper firstly gives an overview of the withdrawal of public prosecution starting withconcept, demarcation, and some basic questions. It also describes the characteristics andcategories of withdrawal of public prosecution. Secondly, combined with the problems inpractice, it analyzes the current situation of withdrawal of a case of public prosecution, andexplores the problems in practice, analyzes the causes and lessons learned. Finally, it makessome suggestions to the standardization of an indictable cases withdrawal from the aspects oflegislation, subject matter, time, procedures and relief etc.