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The Research On The System Of Withdrawing Public Prosecution

Posted on:2018-05-13Degree:MasterType:Thesis
Country:ChinaCandidate:K Q QianFull Text:PDF
GTID:2346330515492627Subject:Law
Abstract/Summary:PDF Full Text Request
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.With the rapid growth of world economy,the booming development of lawsuit efficiency theory,the unceasingly expandation of prosecutors'discretion,the prosecution withdrawal system has been recognised by most countries in the world,and the legislation of this system has been established by most countries and areas in the world.The prosecution withdrawal system in the current criminal procedure law of our country is still in the field of vacuum.In the absence of host law,the Supreme Court and the Supreme Procuratorate have stipulated this system in the form of judicial interpretation,which are beyond their own authority,lacking in sufficient legality,and exist deficiency in legitimacy.In our country,due to the lack of legislation and the ambiguous judicial interpretation of the Supreme Court and the Supreme Procuratorate,the incomplete design of the system have led to the theoretical controversy and applicable chaos in withdrawing public prosecution.Considering this situation,this paper discusses the concept,characteristics,theoretical basis and the value of prosecution withdrawal system,refers to the foreign legislative experience,aims at the current problems of prosecution withdrawal system and put forward some suggestionsThis paper divides into five parts:The first part is "the overview of prosecution withdrawal system",preliminary defining the concept of prosecution withdrawal system,and summarizing the characteristics of the prosecution withdrawing cases,including the specificity of subjects,statutory of procedure,restriction of rights and time.The second part is "the theoretical basis and the value of the prosecution withdrawal system",deeply analyzing the theoretical basis of this system,summarizing the value of this system in protecting human rights,realizing litigation efficiency and accurately punishing crimesThe third part is"the current legislation and the reference meaning of extraterritorial prosecution withdrawal system",mainly through the comparison between civil law system and common law system,discovering the deficiency existing in prosecution withdrawal system in China,completing the prosecution withdrawal system in our country on the basis of foreign advanced legislative technology.The fourth part is "the prosecution withdrawal system in our country,the related legislation history and existing problems",reviewing the legislation evolution of this system in our country,emphatically discussing the existing problems of design and judicial practice in prosecution withdrawal system.In the aspect of system design,the lack of criminal legislation and the trespass of judicial interpretation are the basic issues of prosecution withdrawal system in China;as for the specific system design,there exists problems of oversize applicable scope of prosecution withdrawal system,unscientific withdrawing time,unclear withdrawing frequency,and obscure withdrawing effect.The ambiguity of law and the incomplete system design,which leave open space in practical application of prosecution withdrawal,have caused many problems of prosecution withdrawal in practice,such as the abuse of right to withdraw public cases,the loosely judicial review of the people's courts,the unclear treatment after withdrawing the cases,the inadequate protection of the rights of parties.The fifth part is "the improvement of the prosecution withdrawal system in our country",aiming at the current problems in prosecution withdrawal system,and putting forward recommendations from the aspects of system design and the judicial practice.The most important thing is to establish prosecution withdrawal system by legislation,and then standardize the legal reasons of prosecution withdrawal,make clear the time,frequency and legal effect of this system.In the judicial practice,we can complete the prosecution withdrawal system from the aspect of improving its restriction mechanism,strengthening the function of the court's judicial review,standardizing the treatment after prosecution withdrawal,giving the parties rights to know and the right of dissent.
Keywords/Search Tags:prosecution withdrawal system, theoretical basis, value analysis, system design, judicial practice
PDF Full Text Request
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