Study On Problems Of The Prosecution Caseswithdrawal In China

Prosecution cases withdrawal means that prosecutors have sued cases to the court, then discover an error prosecution or require the withdrawal of the subject appears, within the statutory period of time, in accordance with certain procedures, withdrawal the cases. Prosecution withdrawal system is an important manifestation of the discretion of prosecutorial organs. Under the system in favor of protection of human rights and achieve economic litigation. Especially with the rapid development of the world economy, efficiency theory litigation flourish, the discretion of the prosecutor continues to expand, therefore, the prosecution withdrawal system has been established in the legislation of most countries and regions of the world.Prosecution cases withdrawal phenomenon widespread in China’s judicial practice. However, our current Criminal Procedure Code does not clearly defines the system of the withdrawal of public prosecution, only the Supreme People’s Court and the Supreme People’s Procuratorate provide guidance in the form of judicial interpretations. Especially the "high inspection rule" 459 sets out the specific circumstances of the prosecution may withdraw, from the state of implementation of the judicial practice of view, this provision is severely abused, leading to the withdrawal of prosecution cases abound. Because of inconsistencies between legislative and judicial interpretation, resulting in judicial practice around the applicable standards are inconsistent, leading to the prosecution abuse withdrawal rights, and thus produces a series of problems, results a serious violation of human rights of the defendant, and not conducive to fair value. The effectiveness of the withdrawal is the termination of the proceedings or the suspension of proceedings? Withdrawal is the prosecution facts, mistakes must be corrected in the performance, or the abuse of the right of prosecution, to avoid acquittals umbrella? Withdrawal is to protect the legitimate rights and interests of the defendant, to achieve economic litigation, or damage to the legitimate rights and interests of victims, human rights abuses, waste of judicial resources?Based on the definition of prosecution cases withdraw, the article analyzes the nature, characteristics, and thus analyzes the theoretical foundation of its existence, then analyzes its value. Through introduce the prosecution cases withdraw of the major countries, learn from their advanced experience in legislation, combine with the typical cases and empirical research cases study the status and problems of the prosecution cases withdrawal system in our country, then from four aspects of legislative, procedural norms, judicial review and relief measures to put forward some reform and improve proposals of the system of Prosecution cases withdrawal.