Study On The Procedure Regulation Of Procuratorial Organs Withdrawal Public Prosecution

When the procuratorial organ finds that the criminal case has been indicted unnecessarily,it will take the initiative to withdraw the criminal proceedings which is called withdrawing the prosecution.Withdrawing the prosecution which is aimed to realize the efficiency and justice of the Criminal Procedure and safeguard rights and interests of the parties in Criminal Litigation is founded on the discretion to relatively sufficient and modern criminal judicial system.However this part is not defined in China's criminal procedure law clearly besides in judicial interpretation of the Supreme People's Procuratorate and the Supreme People's court.It is now controversial to explain which is of great importance in the Criminal Procedure.This paper is divided into three parts to discuss the issues and problems of China's withdrawing public prosecution system existing in the theory and in the practice,analyze the reason of the problem,further standardize and improve the system of withdrawing public prosecution procedure regulation,in order to guide and service in the criminal judicial activity better.The first part is an overview of China's withdrawing public prosecution system.First is to introduce the properties and theoretical foundation of withdrawing public prosecution;second is to analyze whether the system of withdrawing public prosecution should be abolished;finally,it is to analyze the value of the withdrawal of public prosecution system.The second part mainly analyzes the problems and the reasons of the withdrawal of public prosecution system existing in practice.In this part,we will study the problems of withdrawing public prosecution from the view of typical cases in practice,then analysis the causes of these problems.The third part is to put forward specific measures to improve the system of withdrawing prosecution.Under the guidance of the protection of human rights,procedural rule of law and lawsuit economy,it will carry out the procedure regulation of the withdrawal of public prosecution system mainly from several aspects,such as conditions of the procedure regulation,review subject,review procedures,the decision procedure and so on.