Study On The System Of Withdrawing Prosecution In Public Prosecution Case

Prosecution case to withdraw prosecution system, ie after the prosecution’s Procuratorate, this should not be prosecuted or found to not have to sue, you can withdraw the complaint has been filed. Withdraw indictment is the proper meaning of the modern theory of the development of the right of public prosecution, empowerment is an important right of public prosecution. The exercise of the right to withdraw the indictment, has a great impact on the balance of powers and the interests of the parties to the proceedings the prosecution and the court, therefore, to reconstruct our country to withdraw prosecution system and optimization is actually necessary.The first part of the introduction, describes the significance of the topic, methods, ideas and research objectives literature review, research, Public Prosecution facts are unclear as the main entry point for an indictment to withdraw prosecution system in case the problems.The first chapter introduces the case of public prosecution to withdraw prosecution system overview, including:the concept of public prosecution of cases of public prosecution to withdraw the case to withdraw prosecution system of public prosecution system characteristics, the prosecution withdrew the case prosecution system evolution in China.The second chapter describes the case of public prosecution to withdraw prosecution system theoretical controversy, including:Prosecution case to withdraw the nature of public prosecution system, the effectiveness of public prosecution withdrew the case of public prosecution system.The third chapter describes the practical issues of public prosecution withdrew the case of public prosecution system, were unreasonable absence from the legislature, the time requirements and deadlines to make the decision not to prosecute, the prosecution withdrew the abuse of power leading to alienation of public prosecution system function, modify the Criminal Procedure Law increase the risk of criminal prosecution allegations analyzes four aspects of public prosecution system in case of public prosecution to withdraw the problems.The fourth chapter describes the complete withdrawal of Public Prosecution System of Public Prosecution Cases recommendations were reconstructed principle withdrawal from the system, withdraw indictment legislation to improve and standardize the withdrawal of public prosecution system and the content of the specific program to strengthen the four aspects of the control mechanism to withdraw prosecution system recommendations.