Withdrawal Of The Public Prosecution System

System of prosecution withdrawal is very important in criminal proceedings.Since the establishment of modern prosecution system, many countries have made such legislation and adopted prosecution withdrawal in their juridical practice. In China, the current criminal procedure law has no relevant regulations about prosecution withdrawal, but Supreme People's Court and Supreme People's Procuratorate still use it in their juridical interpretation and attach great importance to the necessity of the system. System of prosecution withdrawal is not only the actual reflection of the right of action, but also the inevitable requirement of judicial practice,and is in line with the rules and practice of judiciary. However,there are many problems in the practice of prosecution withdrawal. Lack of juridical regulations and unclear juridical interpretation in our country make the system become a week link in the criminal proceedings and juridical practice. Firstly, the application scope of prosecution withdrawal is too broad,which cause continuous prosecution in the criminal proceedings. Secondly, lack of specific restrictions to the system may lead to the random prosecution and repeated prosecution withdrawal of procuratorial organs,which would violate the legitimate rights of parties in the lawsuit. Thirdly,judicial authorities have no uniform standards to abide by when it comes to prosecution withdrawal without the clear legal provisions. Prosecution withdrawal meets the requirement of juridical practice with its own necessity, but it needs amending and improving to better protect the legitimate rights and interests of litigants. Firstly, the whole operation mechanism of prosecution withdrawal should be confirmed with specific application scope and limited period, clear responsibilities of judges during the proceedings and relevant regulations of the second prosecution after the withdrawal. Secondly, the right relief for both the injured and accused parties should be clear and definite to protect the the legitimate rights and interests of litigants. Last but not least, problems arising from prosecution withdrawal should be solved through improving the misjudged case investigation, state compensation system and supervision mechanism to strengthen the control and avoid the abuse of prosecution withdrawal.