Study Of Public Prosecution Withdraw System In Chinese Procuratorial Organs

Withdraw of Public Prosecution refers to the legal action of People’s Procuratorate for public prosecuted cases that abandon prosecution to defendant is applied to People’s Court due to the appearance of withdraw circumstances before the People’s Court making the entity referee and would be examined by People Court to decide the verdict is permitted. Withdraw prosecutions is an important part of Prosecution right of procuratorial organs, which is adopted by almost all legislation countries and also regulated in Chinese judicial interpretation. Withdraw prosecution is an initiative corrective action in circumstances that criminal cases being public prosecuted are found legally no need to be prosecuted, and an improperly occurred criminal prosecution filtering mechanism and prosecution process remedial mechanism. Withdraw prosecution plays an important role in developing public prosecution right of procuratorial organs, demonstrating the value of prosecution procedure and protective function of human right, and realizing just and effectiveness. However, it has a long history of disputes on whether public prosecution withdraw should be existed. Nowadays, there is still strong controversy on the Legal legitimacy and rationality of public prosecution withdraw in academic circles and practical world. Chaos in judicial practice strengthens the contradiction, and voices in favor of abolishment never disappears.However, the abolishment of a system should comprehensively evaluate whether the system still has existing situations and system value. The author believes that there is still reservation value and existing necessity of public prosecution withdraw system in terms of theoretical basis and practical value. Therefore, through deep discussion and analysis of public prosecution withdraw system, the author wishes to benefit the modification of Code of Criminal Procedure and judicial practice in the future.This thesis includes four parts:The first part is the theoretical basis of the withdrawal of public prosecution system, and supports the existence value of this system. This part illustrates four theoretical basis, including complete public prosecution, prosecutorial discretion, prosecution economy principle and human right protection theory; the second part is the extraterritorial investigation, comprehensively analyzing the public prosecution withdraw system of representative countries in civil law system and common law system. After comparative analysis, provide a useful reference for the study of Chinese public prosecution withdraw system; the third part is the existing defects and problems of public prosecution withdraw system in China, including lack of legislation, unknown of withdrawal effect, broad withdraw reasons and lack of re-prosecution limitation etc.; the forth part is the idea of improvement of public prosecution withdraw system in China, discuss how to standardly use this system in practice and provide some necessary and feasible recommendationsin respect ofimprovement of this system.