On Study Of The Phenomenon Of The Withdrawal Of Prosecuting Instead Of The Acquittal

Currently,there are various innocence processing mechanism in our criminaljustice practice.And the phenomenon of the withdrawal of prosecuting instead of theacquittal is one of them.One of the cause of this phenomenon is the absence oflegislation about the withdrawal of public prosecution regulation.Another is the resultof a compromise between the court and procuratorate which caused by theunreasonable performance evaluation system. The existence of the phenomenon willnot only damage the legal rights and interests of the defendant,but also make thepurpose of the criminal procedure law hard to get effectiveimplementation.Therefore,in order to avoid this unreasonable phenomenon continuedto exist,this article will discuss the related problem of this phenomenon with thefollowing five sections.The first part is case quoted.In order to make the people have an intuitiveunderstanding of the phenomenon of the withdrawal of prosecuting instead of theacquittal,this part will illustrate the specific performance of the phenomenon througha specific case.The second part is mainly about the judicial practice of the phenomenon of thewithdrawal of prosecuting instead of the acquittal in our country.Through accessing tothe relevant information,the author collected the number of public prosecutions andacquittals to find the current situation of the phenomenon,and induced the regularityof the phenomenon on the basis of the summary.The third part expounds the damage of the practice of the withdrawal ofprosecuting instead of the acquittal. Through introducing the basic principle ofcriminal procedure such as the procedural justice and the trial separation,the articlewill explore the adverse impact of the practice to the basic principles,the litigationefficiency,judicial credibility,the defense system and the defendant’s legitimate rightsand interests.The fourth part explores the cause of the phenomenon of the withdrawal ofprosecuting instead of the acquittal.The author mainly elaborated the causes of thephenomenon from the unreasonable performance evaluation system,the abuse ofpublic prosecution discretion,the non-independent of judgment as well as theprinciple of presumption of innocence not actually performed.First of all,the author reviewed the current performance evaluation system of the judicial office in ourcountry,and explain its role in the formation of this phenomenon by analyzing itsunreasonable part.Secondly,the author found that the abuse of public prosecution is animportant reason of the phenomenon though excavating the essence behind thewithdrawal of public prosecution.Thirdly,the author found that the independent ofjudgment is also a cause of the phenomenon. Finally,the author found that thepresumption of innocence principle was not been strictly enforced in the judicialpractice.This is one of the cause of the phenomenon.The fifth part is mainly about the countermeasures of avoiding the phenomenonof the withdrawal of prosecuting instead of the acquittal.In order to avoid thisunreasonable phenomenon continued to exist,the author put forward the followingsuggestions.First,the author suggest to perfect the performance evaluation system ofthe judicial office.Second, in order to provide the legislative basis for the withdrawalof public prosecution, the legislature should make the legislative provisions of thewithdrawal of public prosecution clear.Third,to ensure the realization of judicialindependence,the government should keep the funding of the court independent andimprove the judge’s independence consciousness.Fourth,strengthen the propagandaeducation of the principle of presumption of innocence in judicial practice,and ensureit to be implemented in the judicial practice.Finally,the law should provide the legalbasis of relief for the defendant when the phenomenon of the withdrawal ofprosecuting instead of the acquittal occurs,so as to protect their legitimate rights andinterests against infringement.