A Study On Judicial Operation Of Change Of Public Prosecution In China Focus On The Withdrawal Of Prosecution

The right of public prosecution is a set of powers composed of the right of prosecution,the right of public prosecution,the right of change of public prosecution and the right of protest.The right of public notice is an integral part of the right of public prosecution.The system of public prosecution is the important content of the modern public prosecution system,its settings and the specific use of change right will have a significant impact on the realization of the national penalty power,the protection of the legitimate rights and interests of criminal defendants etc.The system of public prosecution is the basis of the prosecution function of the procuratorial organs,the objective obligation theory,the discretionary and the principle of separation of trial and judgment etc.After explaining the basic problems such as the meaning and type of the system of public prosecution,this paper analyzes the judicial operation of the system of public prosecution change in China,and finds out that there are many cases of abuse of public prosecution,including the prosecution arbitrarily withdraw the prosecution,the withdrawal of prosecution and change the prosecution,additional prosecution and other issues confused.The existence of the change of judicial action is not only hinder the effective exercise of the national penalty power,but also is not conducive to the criminal proceedings of the defendant,the protection of the rights and interests of victims.the most fundamental reason for the emergence of the problem is the lack of legislative changes in China's public prosecution,in addition,the existing norms of the incongruity,judicial staff abuse of public prosecution,related supporting measures are not perfect.At the end of the article,the author puts forward the suggestions on the improvement of the main body,the time,the way,the reason,the effectiveness and so on,establishing the judicial review,withdrawing the hearing procedure of the public prosecution,establishing the reasonable and fair quantitative appraisal mechanism,effectively protecting the defense lawyer in the role of attention to the defendant's right.With a view to effectively solve the existing problems and to provide reference in solving the problem in the future operation of the system.