Study On The Withdrawal Of Public Prosecution In China

The withdrawal of public prosecution is universally recognized and established in the world, can be timely correct improperly prosecuted due to subjective and objective reasons,and reduce the judicial error cost to the lowest level. At the same time, reduce litigation burden of the parties, rational allocation of resources, improve the efficiency of the litigation. Withdrawal of public prosecution is not monotonous in each country, but change and adjust according to national judicial development and realistic. In order to adapt court reform, in 1996 when modified criminal procedure law has cancelled this system in legislation. However, this is not as the withdrawal of public prosecution has no value or significance basis. At present, the withdrawal of public prosecution is look as a convenient way to deal with cases are frequently used in judicial practice, but because it lack of legislation and judicial interpretation confusion led to the withdrawal of public prosecution be abused which triggered a series of problems. However, we should not give up eating for fear of choking,but should clarify the source of the problem, focusing on the reality of justice to perfect.This article mainly through the withdrawal of public prosecution current law, actual operation conditions on specific applicable procedures for the application, after the relief, supervision, and state compensation gap between these aspects, pointing out its problems. Comparative analysis of the withdrawal of foreign indictable legislative background, model legislation, the scope o f the rights and remedies, based on this analysis find out the cause of the withdrawal of public prosecution in our country's own problems and worth learning to learn. From supplementary legislation, change ideas, reasonable restrictions apply for withdrawal of public prosecution time added, suitable scope, right relief way, strengthen the court supervision to perfect the withdrawal of public prosecution in our country. Focusing on the criminal proceedings, and to further improve the proposed withdrawal of indictment related to the performance appraisal system and national criminal justice compensation system. Make the abused of the withdrawal of public prosecution action been contained, the offender deserves punishment people affected by abuse of power to get more compensation and relief channels.