A Study On The System Of Withdrawing Public Prosecution Cases In China

At the meeting of the 19 th people's Congress,General Secretary Xi proposed to continue to push forward the program on "advancing the reform of the trial centered litigation system",which was put forward at the previous fourth Plenary session of the 18 th Central Committee.And reiterated that the investigation,the examination of the prosecution of the facts of the case can meet the important requirements of legal examination.The reform of litigation system is undoubtedly to improve the position of trial activities to the core leading,and strive to investigate,prosecute and adjudicate tripartite coordination and restriction mechanism can give full play to the original value and role,and maintain the justice of the judiciary.Among them,the system of withdrawing public prosecution cases involved in the reform of the litigation system is a very common system in practice.Its importance lies in the fact that it plays an important role in the process of prosecution by procuratorial organs.The protection of the rights of the victims and defendants involved in the case is also affected to varying degrees,and it is of value to the realization of fairness and justice.Since it has the value of the above aspects,it is only reasonable that the system of withdrawing public prosecution cases should be paid more attention to.However,the status of the system in our country is somewhat awkward,because with the revision of our country's criminal procedure law,the system has experienced a tortuous process from nothing to nothing.Although it has not been attached importance to by the legislative department,the heat in the field of practice is still unabated.So the judicial department issued the corresponding judicial explanation as the action basis,but this kind of authority too large also inevitably led to the trend of abuse.Once the right of public prosecution is abused,it may directly infringe upon the right of trial and the right to know and participate of the parties.The state of conflict,the low level of legislation,the lack of the exclusive nature of the subject of the exercise of the right of withdrawal,the need to improve the details of judicial review,and so on,the existence of this series of problems leads to the gap in the system of withdrawing prosecution of public prosecution,which needs to be studied and perfected urgently.By comparing with the more mature system construction system in foreign countries,Hong Kong and Taiwan,it also reflects the problems existing in the regulation of this system in our country.To find out the problems,puts forward the solution,and select relevant cases data for empirical research and analysis,for the path of perfecting the system mainly include: firstly,improve the legislative level of the system,which need to be defined and reflected in "Criminal Procedure Law";secondly,the exercise of the right of withdrawing clear specificity should be attributed to the prosecution;finally,aiming at the judicial practice the problem should be targeted,targeted for reform and adjustment,the unified judicial interpretation of the provisions,to fill the lack of the legislation,the withdrawal reasons,times and improve the review details,try to make up for the defects of the existing system of regulation.