Withdraw Prosecution In The Public Prosecution Procedure

The withdrawal of prosecution cases is the natural extension of the prosecutorial discretion in the trial stage,which embodies the initiative and discretion of the modern public prosecution right,conforms to the requirements of the separation principle and the right safeguard of the prosecution.At present,there are many problems in judicial practice in the prosecution procedure of prosecution case withdrawal,the legislative blank state cannot provide legal basis for judicial practice,leading to the problem of judicial practice in frequent,the main problems are: The application condition of withdrawing public prosecution is unclear,the withdrawal of public prosecution is unclear,the number of the withdrawal of the prosecution has not been stipulated,the withdrawal of public prosecution,the existence of wanton re-prosecution,the withdrawal of public prosecution function alienation,the lack of supervision mechanism,and so on.On the basis of examining and referring to the withdrawal of prosecution procedure in foreign public prosecution cases,combining with our national conditions,it is suggested that the legislative provisions should be perfected in the Criminal Procedure Law of PRC.It is clear that the procuratorial organ's withdrawal right,the application of Zhou Yan prosecution cases withdraw prosecution procedure,and the commencement time of the prosecution case withdrawal procedure is regulated;build up the supervision and restriction system from inside the procuratorate system,Court judicial review,public security organ and parties,To carry out multi-angle supervision on the prosecution procedure of the prosecution case,and to transform the judicial personnel's conception and improve its comprehensive qualities,and construct the scientific judicial personnel appraisal mechanism.