Withdrawal Of Public Prosecution System Research

The rule of law construction in China requires a complete legal system as the foundation,on behalf of the modern rule of law spirit in the process of rule of law human rights are also reflected in legislation,countries are on the way of the construction of the rule of law to explore,a crackdown on crime is endowed with new era content.Recently to the criminal law of the NPC standing committee twice more comprehensive renovation,make the requirements of the modern rule of law and criminal law,to keep up with the idea of development compared to the criminal law,the points are relatively lagging behind.Investigate its reason,is closely connected with lawsuit idea,light application heavy entity concepts are too serious,so the correction of procedure law is relatively slow,hindered the process of our rule of law.Of course,the need to strengthen legislation to improve the.To focus on building and perfecting the system of application,this paper in the perspective of withdrawal of public prosecution,in-depth analysis of the shortcomings of the system,compare the advanced international practice.Withdrawal of public prosecution system is very important in the field under the framework of modern procuratorial system,hence,withdrawal of public prosecution recognised by the most countries legislation.The reasonable use of power,not only is more flexibility of action,also correct plays a big role of misjudged cases,to maintain the harmonious and stable social order.Due to the withdrawal of public prosecution problem has not been reflected in the current points,and the withdrawal of public prosecution problems in judicial interpretation has made clear "projects".This caused the theoretical circle of confusion,on the one hand,on the other hand a lot of problems to the judicial practice.Vest procuratorial organs with no withdrawal public prosecution in the legislation,for whatever reason is what? Legislation lawmaker oversight,or deliberately to work on,the highest detection and method of judicial interpretation is the law has not stipulated by the reasonable complement,or judicial interpretation legalization of above is for? Withdrawal of public prosecution is the public prosecution organ in accordance with the facts as the basis,the concept of law as the criterion? Or abuse of discretion of public prosecution organ? Is the rational use of procuratorial authority? Or the procuratorial authority improper intervention trial ? So many problem,also differ in the theoretical circle and judicial practice.Under the complicated debate,procuratorial organs lack of unified standards in judicial practice,as a direct result of the scale of the withdrawal of public prosecution is differ,around which bring chaos in the lawsuit.This article in the first part of the decision for system gives the system overview,the second part carries on the comparison to countries outside of the relevant system,the third part analyses the deficiency of the system in our country,and the last part on the basis of comprehensive proposals,with a hand for the perfection of this system...